---
kind: "section"
citation: "10 U.S.C. § 14904"
title: "10"
title_heading: "Armed Forces"
number: "14904"
heading: "Rights and procedures"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/10/14904"
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"
---

# §14904. Rights and procedures

- (a) **Procedural Rights.—** Under regulations prescribed by the [Secretary](/usc/10/12521.md?p=4) of Defense, an [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)—
  - (1) shall be notified in writing, at least 30 days before the hearing of the [officer](/usc/10/101.md?p=b-1)’s case by a board of inquiry, of the reasons for which the [officer](/usc/10/101.md?p=b-1) is being required to show cause for retention in an [active status](/usc/10/101.md?p=d-4);
  - (2) shall be allowed a reasonable time, as determined by the board of inquiry, to prepare for showing of cause for retention in an [active status](/usc/10/101.md?p=d-4);
  - (3) subject to [subsection (c)](#c), shall be allowed to appear in person and to be represented by counsel at proceedings before the board of inquiry; and
  - (4) shall be allowed full access to, and shall be furnished copies of, records relevant to the case, except that the board of inquiry shall withhold any record that the [Secretary concerned](/usc/10/101.md?p=a-9) determines should be withheld in the interest of national security.
- (b) **Summary of Records Withheld.—** When a record is withheld under [subsection (a)(4)](#a-4), the [officer](/usc/10/101.md?p=b-1) whose case is under consideration shall, to the extent that the interest of national security permits, be furnished a summary of the record so withheld.
- (c) **Remote Appearance.—** The [Secretary concerned](/usc/10/101.md?p=a-9) may determine that, in exceptional circumstances, the appearance of an [officer](/usc/10/101.md?p=b-1) before the proceedings of a board of inquiry may be via means other than in person.

## Source credit

(Added Pub. L. 103–337, div. A, title XVI, § 1611, Oct. 5, 1994, 108 Stat. 2959; amended Pub. L. 118–159, div. A, title V, § 509(b), Dec. 23, 2024, 138 Stat. 1872.)

## Notes

### Editorial Notes

### Amendments

2024—Subsec. (a)(3). Pub. L. 118–159, § 509(b)(1), substituted “subject to subsection (c), shall be” for “shall be”.

Subsec. (c). Pub. L. 118–159, § 509(b)(2), added subsec. (c).

### Statutory Notes and Related Subsidiaries

### 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.