Sec. 508. MODIFICATION OF AUTHORITY TO SEPARATE OFFICERS WHEN IN THE BEST INTEREST OF THE SERVICE

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## SEC. 508 MODIFICATION OF AUTHORITY TO SEPARATE OFFICERS WHEN IN THE BEST INTEREST OF THE SERVICE Section 1182(d) of title 10, United States Code, is amended— ####

(1)by amending paragraph

(1)to read as follows: > > #### “(1) > > > #####

(A)> > If a board of inquiry determines that an officer should be retained, the officer’s case is closed unless the board substantiated a basis for separation and, upon recommendation from the service chief, the Secretary of the military department determines that the board’s retention recommendation is clearly erroneous in light of the evidence considered by the board, a miscarriage of justice, and inconsistent with the best interest of the service. In such cases, the Secretary of the military department may separate the officer after providing a written justification of the decision to separate. > > > ##### “(B) > > An officer considered for separation under this section must be notified and afforded the opportunity to present matters for the Secretary of the military department to consider when making the separation determination. The Secretary of the military department shall review the case to determine whether the retention recommendation of the board is clearly contrary to the substantial weight of the evidence in the record and whether the officer’s conduct discredits the Service, adversely affects good order and discipline, and adversely affects the officer’s performance of duty. > > > ##### “(C) > > Exercise of authority to separate an officer under this section shall be reserved for unusual cases where such action is essential to the interests of justice, discipline, and proper administration of the service.” > ; ####

(2)by redesignating paragraphs

(2)and

(3)as paragraphs

(3)and (4), respectively; and ####

(3)by inserting after paragraph

(1)the following new paragraph: > > #### “(2) > > Authority to direct administrative separation after a board of inquiry’s recommendation to retain an officer may only be delegated to a civilian official within a military department appointed by the President, by and with the advice and consent of the Senate. The least favorable characterization in such cases will be general (under honorable conditions).” > .