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U.S. Code as of:
01/19/04
Section 1185. Rights and procedures
(a) Under regulations prescribed by the Secretary of Defense,
each officer required under section 1181 of this title to show
cause for retention on active duty -
(1) shall be notified in writing, at least 30 days before the
hearing of his case by a board of inquiry, of the reasons for
which he is being required to show cause for retention on active
duty;
(2) shall be allowed a reasonable time, as determined by the
board of inquiry, to prepare his showing of cause for his
retention on active duty;
(3) 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 his case, except that the board of
inquiry shall withhold any record that the Secretary concerned
determines should be withheld in the interest of national
security.
(b) When a record is withheld under subsection (a)(4), the
officer 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.
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