Page:United States Statutes at Large Volume 74.djvu/434

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[74 Stat. 394]
[74 Stat. 394]
PUBLIC LAW 86-000—MMMM. DD, 1960

394

PUBLIC LAW 86-616-JULY 12, 1960

[74 S T A T.

"(c) If, after reviewing the record of the case, a board of review determines that the officer has established that he should be retained on the active list, his case is closed. However, at any future time, he may be again required to show cause for retention under section 8791 of this title. "§8794. Removal of officer: action by Secretary of the Air Force upon recommendation "The Secretary of the Air Force may remove an officer from the active list of the Regular Air Force if his removal is recommended by a board of review under this chapter. The Secretary's action in such a case is final and conclusive. "§ 8795. Rights and procedures "Each officer under consideration for removal from the active list of the Regular Air Force under this chapter shall be— "(1) notified in writing of the charges against him, at least 30 days before the hearing of his case by a board of inquiry, for for which he is being required to show cause for retention on the active list; "(2) allowed reasonable time, as determined by the board of inquiry under regulations of the Secretary of the A i r Force, 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 his 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. I n any case where any records are withheld under clause (4), 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. "§ 8786. OflScers considered for removal: retirement or discharge " (a) A t any time during proceedings under this chapter and before the removal of an officer from the active list of the Regular Air Force, the Secretary of the Air Force may grant his request— " (1) for voluntary retirement, if he is otherwise qualified therefor; or "(2) for discharge under subsection (b). "(b) Each officer removed from the active list of the Regular Air Force under this chapter shall— "(1) if on the date of removal he is eligible for voluntary retirement under any law, be retired in the grade and with the pay for which he would be eligible if retired at his request; or "(2) if on that date he is ineligible for voluntary retirement under any law, be discharged in the grade then held with severance pay computed by multiplying his years of active commissioned service, but not more than 12, by one month's basic pay of that grade. "(c) For the purposes of subsection (b)(2), a part of a year that is six months or more is counted as a whole year, and a part of a year that is less than six months is disregarded. "§ 8797. Officers eligible to serve on boards " (a) No officer may serve on a board under this chapter unless he is senior in regular grade to, and outranks, any officer considered by that board. "(b) No person may be a member of more than one board convened under this chapter for the same officer."