---
kind: "section"
citation: "10 U.S.C. § 1187"
title: "10"
title_heading: "Armed Forces"
number: "1187"
heading: "Officers eligible to serve on boards"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/10/1187"
units:
  - "Subtitle A — General Military Law"
  - "Part II — Personnel"
  - "Chapter 60 — Separation of Regular Officers for Substandard Performance of Duty or for Certain Other Reasons"
---

# §1187. Officers eligible to serve on boards

- (a) **In General.—** Except as provided in [subsection (b)](#b), each board convened under this chapter shall consist of [officers](/usc/10/101.md?p=b-1) appointed as follows:
  - (1) Each member of the board shall be an [officer](/usc/10/101.md?p=b-1) of the same armed force as the [officer](/usc/10/101.md?p=b-1) being required to show cause for retention on [active duty](/usc/10/101.md?p=d-1).
  - (2) Each member of the board shall be in a [grade](/usc/10/101.md?p=b-7) above major or lieutenant commander, except that at least one member of the board shall be in a [grade](/usc/10/101.md?p=b-7) above lieutenant colonel or commander.
  - (3) Each member of the board shall be senior in [grade](/usc/10/101.md?p=b-7) to any [officer](/usc/10/101.md?p=b-1) to be considered by the board.
- (b) **Retired Officers.—** If qualified [officers](/usc/10/101.md?p=b-1) are not available in sufficient numbers to comprise a board convened under this chapter, the [Secretary](/usc/10/4951.md?p=3) of the [military](/usc/10/801.md?p=8) [department](/usc/10/101.md?p=a-6) concerned shall complete the membership of the board by appointing to the board retired [officers](/usc/10/101.md?p=b-1) of the same armed force. A retired [officer](/usc/10/101.md?p=b-1) may be appointed to such a board only if the retired [grade](/usc/10/101.md?p=b-7) of that [officer](/usc/10/101.md?p=b-1)—
  - (1) is above major or lieutenant commander or, in the case of an [officer](/usc/10/101.md?p=b-1) to be the senior [officer](/usc/10/101.md?p=b-1) of the board, above lieutenant colonel or commander; and
  - (2) is senior to the [grade](/usc/10/101.md?p=b-7) of any [officer](/usc/10/101.md?p=b-1) to be considered by the board.
- (c) **Ineligibility by Reason of Previous Consideration of Same Officer.—** No [person](/usc/10/2700.md?p=2) may be a member of more than one board convened under this chapter to consider the same [officer](/usc/10/101.md?p=b-1).
- (d) **Exclusion From Strength Limitation.—** A retired general or [flag officer](/usc/10/101.md?p=b-5) who is on [active duty](/usc/10/101.md?p=d-1) for the purpose of serving on a board convened under this chapter shall not, while so serving, be counted against any limitation on the number of general and [flag officers](/usc/10/101.md?p=b-5) who may be on [active duty](/usc/10/101.md?p=d-1).

## Source credit

(Added Pub. L. 96–513, title I, § 110, Dec. 12, 1980, 94 Stat. 2875; amended Pub. L. 106–65, div. A, title V, § 504(a), Oct. 5, 1999, 113 Stat. 590; Pub. L. 110–417, [div. A], title V, § 505, Oct. 14, 2008, 122 Stat. 4434.)

## Notes

### Editorial Notes

### Amendments

2008—Subsec. (a). Pub. L. 110–417, § 505(a)(1), (b), substituted “In General” for “Active Duty Officers” in heading, redesignated pars. (3) and (4) as (2) and (3), respectively, and struck out former par. (2) which read as follows: “Each member of the board shall be on the active-duty list.”

Subsec. (b). Pub. L. 110–417, § 505(a)(2), struck out “on active duty” after “qualified officers” in introductory provisions.

1999—Pub. L. 106–65 amended text generally. Prior to amendment, text consisted of subsecs. (a) and (b) relating to officers eligible to serve on boards.

### Statutory Notes and Related Subsidiaries

### Effective Date

Section effective Sept. 15, 1981, but the authority to prescribe regulations under this section effective on Dec. 12, 1980, see section 701 of Pub. L. 96–513, set out as an Effective Date of 1980 Amendment note under section 101 of this title.