---
kind: "section"
citation: "10 U.S.C. § 14903"
title: "10"
title_heading: "Armed Forces"
number: "14903"
heading: "Boards of inquiry"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/10/14903"
units:
  - "Subtitle E — Reserve Components"
  - "Part III — Promotion and Retention of Officers on the Reserve Active-Status List"
  - "Chapter 1411 — Additional Provisions Relating to Involuntary Separation"
---

# §14903. Boards of inquiry

- (a) **Convening of Boards.—** The [Secretary](/usc/10/12521.md?p=4) of the military [department](/usc/10/12521.md?p=5) concerned shall convene a board of inquiry at such time and place as the [Secretary](/usc/10/12521.md?p=4) may prescribe to receive evidence and review the case of any [officer](/usc/10/101.md?p=b-1) who has been required to show cause for retention in an [active status](/usc/10/101.md?p=d-4) under [section 14902 of this title](/usc/10/14902.md). Each board of inquiry shall be composed of not less than three [officers](/usc/10/101.md?p=b-1) who have the qualifications prescribed in [section 14906 of this title](/usc/10/14906.md).
- (b) **Right to Fair Hearing.—** A board of inquiry shall give a fair and impartial hearing to each [officer](/usc/10/101.md?p=b-1) required under [section 14902 of this title](/usc/10/14902.md) to show cause for retention in an [active status](/usc/10/101.md?p=d-4).
- (c) **Recommendations to Secretary.—** If a board of inquiry determines that the [officer](/usc/10/101.md?p=b-1) has failed to establish that the [officer](/usc/10/101.md?p=b-1) should be retained in an [active status](/usc/10/101.md?p=d-4), the board shall recommend to the [Secretary concerned](/usc/10/101.md?p=a-9) that the [officer](/usc/10/101.md?p=b-1) not be retained in an [active status](/usc/10/101.md?p=d-4).
- (d) **Action by Secretary.—** After review of the recommendation of the board of inquiry, the [Secretary](/usc/10/12521.md?p=4) may—
  - (1) remove the [officer](/usc/10/101.md?p=b-1) from an [active status](/usc/10/101.md?p=d-4); or
  - (2) determine that the case be closed.
- (e) **Action in Cases Where Cause for Retention Is Established.—**
  - (1) If a board of inquiry determines that an [officer](/usc/10/101.md?p=b-1) has established that the [officer](/usc/10/101.md?p=b-1) should be retained in an [active status](/usc/10/101.md?p=d-4) or if the [Secretary](/usc/10/12521.md?p=4) determines that the case be closed, the [officer](/usc/10/101.md?p=b-1)’s case is closed.
  - (2) An [officer](/usc/10/101.md?p=b-1) who is required to show cause for retention under [section 14902(a) of this title](/usc/10/14902.md?p=a) and whose case is closed under [paragraph (1)](#e-1) may not again be required to show cause for retention under such subsection during the one-year period beginning on the date of that determination.
  - (3)
    - (A) Subject to [subparagraph (B)](#e-3-B), an [officer](/usc/10/101.md?p=b-1) who is required to show cause for retention under [section 14902(b) of this title](/usc/10/14902.md?p=b) and whose case is closed under [paragraph (1)](#e-1) may again be required to show cause for retention at any time.
    - (B) An [officer](/usc/10/101.md?p=b-1) who has been required to show cause for retention under [section 14902(b) of this title](/usc/10/14902.md?p=b) and who is thereafter retained in an [active status](/usc/10/101.md?p=d-4) may not again be required to show cause for retention under such section solely because of conduct which was the subject of the previous proceeding, unless the recommendations of the board of inquiry that considered the [officer](/usc/10/101.md?p=b-1)’s case are determined to have been obtained by fraud or collusion.

## Source credit

(Added Pub. L. 103–337, div. A, title XVI, § 1611, Oct. 5, 1994, 108 Stat. 2958; amended Pub. L. 104–106, div. A, title XV, § 1501(b)(32), Feb. 10, 1996, 110 Stat. 498.)

## Notes

### Editorial Notes

### Amendments

1996—Subsec. (b). Pub. L. 104–106 substituted “title” for “chapter”.

### Statutory Notes and Related Subsidiaries

### Effective Date of 1996 Amendment

Amendment by Pub. L. 104–106 effective as if included in the Reserve Officer Personnel Management Act, title XVI of Pub. L. 103–337, as enacted on Oct. 5, 1994, see section 1501(f)(3) of Pub. L. 104–106, set out as a note under section 113 of this title.

### Effective Date

Section effective Oct. 1, 1996, see section 1691(b)(1) of Pub. L. 103–337, set out as a note under section 10001 of this title.