§2162. Rights and procedures

Each officer under consideration for removal under section 2159 of this title shall be-

(1) notified in writing at least thirty days before the hearing of the case by a board of inquiry of the reasons for which the officer is being required to show cause for retention;

(2) allowed reasonable time, as determined by the board of inquiry under regulations of the Secretary, to prepare his defense;

(3) allowed to appear in person and by counsel at proceedings before a board of inquiry; and

(4) allowed full access to, and furnished copies of, records relevant to the case at all stages of the proceeding, except that a board shall withhold any records that the Secretary determines should be withheld in the interests of national security. In any case where any records are withheld under this clause, the officer whose case is under consideration shall, to the extent that the national security permits, be furnished a summary of the records so withheld.

(Added Pub. L. 88–130, §1(10)(C), Sept. 24, 1963, 77 Stat. 188 , §325; renumbered §2162 and amended Pub. L. 115–282, title I, §§112(b), 123(b)(2), Dec. 4, 2018, 132 Stat. 4216 , 4240.)

Editorial Notes

Amendments

2018-Pub. L. 115–282, §123(b)(2), substituted "section 2159" for "section 322" in introductory provisions.

Pub. L. 115–282, §112(b), renumbered section 325 of this title as this section.