FEDERAL · 10 U.S.C. · Chapter 60
Officers eligible to serve on boards
10 U.S.C. § 1187
Title10 — Armed Forces
Chapter60 — SEPARATION OF REGULAR OFFICERS FOR SUBSTANDARD PERFORMANCE OF DUTY OR FOR CERTAIN OTHER REASONS
This text of 10 U.S.C. § 1187 (Officers eligible to serve on boards) is published on Counsel Stack Legal Research, covering United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Bluebook
10 U.S.C. § 1187.
Text
(a)In General.—Except as provided in subsection (b), each board convened under this chapter shall consist of officers appointed as follows:
(1)Each member of the board shall be an officer of the same armed force as the officer being required to show cause for retention on active duty.
(2)Each member of the board shall be in a grade above major or lieutenant commander, except that at least one member of the board shall be in a grade above lieutenant colonel or commander.
(3)Each member of the board shall be senior in grade to any officer to be considered by the board.
(b)Retired Officers.—If qualified officers are not available in sufficient numbers to comprise a board convened under this chapter, the Secretary of the military department concerned shall complete the membership of the b
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History
(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.)
Editorial 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.
Editorial Notes
Amendments
2011—Pub. L. 112–81, div. A, title V, §527(c)(2), Dec. 31, 2011, 125 Stat. 1402, substituted "Members determined fit for duty in Physical Evaluation Board: prohibition on involuntary administrative separation or denial of reenlistment due to unsuitability based on medical conditions considered in evaluation" for "Members determined fit for duty in Physical Evaluation Board evaluation: prohibition on involuntary administrative separation due to unsuitability based on medical conditions considered in evaluation" in item 1214a.
Pub. L. 111–383, div. A, title V, §534(a)(2), Jan. 7, 2011, 124 Stat. 4217, added item 1214a.
2009—Pub. L. 111–84, div. A, title VI, §641(b), Oct. 28, 2009, 123 Stat. 2365, added item 1218a.
2008—Pub. L. 110–181, div. A, title XVI, §1642(b), Jan. 28, 2008, 122 Stat. 465, added item 1216a.
2006—Pub. L. 109–364, div. A, title V, §597(a)(2), Oct. 17, 2006, 120 Stat. 2237, added item 1222.
2004—Pub. L. 108–375, div. A, title V, §§521(b), 555(b)(2), Oct. 28, 2004, 118 Stat. 1888, 1914, added item 1206a and substituted "Academy cadets and midshipmen: applicability of chapter" for "Cadets, midshipmen, and aviation cadets: chapter does not apply to" in item 1217.
1999—Pub. L. 106–65, div. A, title VI, §653(a)(2), Oct. 5, 1999, 113 Stat. 666, added item 1207a.
1997—Pub. L. 105–85, div. A, title V, §513(d)(3), Nov. 18, 1997, 111 Stat. 1731, inserted "or on inactive-duty training" after "Members on active duty for 30 days or less" in items 1204 and 1206.
1986—Pub. L. 99–661, div. A, title VI, §604(d)(4), Nov. 14, 1986, 100 Stat. 3876, struck out "; disability from injury" after "30 days or less" in items 1204, 1205, 1206.
1962—Pub. L. 87–651, title I, §107(e), Sept. 7, 1962, 76 Stat. 509, substituted "Discharge or release from active duty: claims for compensation, pension, or hospitalization" for "Explanation of rights before discharge" in item 1218, and "Statement of origin of disease or injury: limitations" for "Statement against interest void" in item 1219, and struck out item 1220 "Location of accredited representatives at military installations".
1958—Pub. L. 85–861, §1(28)(C), Sept. 2, 1958, 72 Stat. 1451, added item 1221.
1957—Pub. L. 85–56, title XXII, §2201(31)(B), June 17, 1957, 71 Stat. 161, eff. Jan. 1, 1958, added items 1218 to 1220.
Statutory Notes and Related Subsidiaries
Continuing Military Service for Certain Members Eligible for Chapter 61 Retirement
Pub. L. 118–31, div. A, title V, §529, Dec. 22, 2023, 137 Stat. 256, provided that:
"(a) In General.—Not later than one year after the date of the enactment of this Act [Dec. 22, 2023], the Secretary of Defense shall prescribe regulations that authorize the Secretary of the military department concerned to authorize a covered member to continue to serve in the Armed Forces—
"(1) in the current military occupational specialty of such covered member, for which the covered member may not be deployable; or
"(2) in a military occupational specialty for which the covered member is deployable.
"(b) Rule of Construction.—A covered member who completes 20 years of service computed under section 1208 of title 10, United States Code shall not be denied any benefit—
"(1) for which the covered member is eligible under laws administered by the Secretary of Defense or the Secretary of Veterans Affairs; and
"(2) solely on the basis that the covered member elected to continue to serve in the Armed Forces instead of taking retirement under chapter 61 of title 10, United States Code.
"(c) Covered Member Defined.—In this section, the term 'covered member' means a member of the Army, Navy, Air Force, Marine Corps, or Space Force—
"(1) whom the Secretary of the military department concerned determines possesses skill or experience vital to the Armed Force concerned;
"(2) who incurs a disability—
"(A) while eligible for special pay under section 310 of title 37, United States Code; and
"(B) that renders the member eligible for retirement under chapter 61 of title 10, United States Code; and
"(3) who seeks to continue to serve in the Armed Forces instead of taking such retirement."
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.
Editorial Notes
Amendments
2011—Pub. L. 112–81, div. A, title V, §527(c)(2), Dec. 31, 2011, 125 Stat. 1402, substituted "Members determined fit for duty in Physical Evaluation Board: prohibition on involuntary administrative separation or denial of reenlistment due to unsuitability based on medical conditions considered in evaluation" for "Members determined fit for duty in Physical Evaluation Board evaluation: prohibition on involuntary administrative separation due to unsuitability based on medical conditions considered in evaluation" in item 1214a.
Pub. L. 111–383, div. A, title V, §534(a)(2), Jan. 7, 2011, 124 Stat. 4217, added item 1214a.
2009—Pub. L. 111–84, div. A, title VI, §641(b), Oct. 28, 2009, 123 Stat. 2365, added item 1218a.
2008—Pub. L. 110–181, div. A, title XVI, §1642(b), Jan. 28, 2008, 122 Stat. 465, added item 1216a.
2006—Pub. L. 109–364, div. A, title V, §597(a)(2), Oct. 17, 2006, 120 Stat. 2237, added item 1222.
2004—Pub. L. 108–375, div. A, title V, §§521(b), 555(b)(2), Oct. 28, 2004, 118 Stat. 1888, 1914, added item 1206a and substituted "Academy cadets and midshipmen: applicability of chapter" for "Cadets, midshipmen, and aviation cadets: chapter does not apply to" in item 1217.
1999—Pub. L. 106–65, div. A, title VI, §653(a)(2), Oct. 5, 1999, 113 Stat. 666, added item 1207a.
1997—Pub. L. 105–85, div. A, title V, §513(d)(3), Nov. 18, 1997, 111 Stat. 1731, inserted "or on inactive-duty training" after "Members on active duty for 30 days or less" in items 1204 and 1206.
1986—Pub. L. 99–661, div. A, title VI, §604(d)(4), Nov. 14, 1986, 100 Stat. 3876, struck out "; disability from injury" after "30 days or less" in items 1204, 1205, 1206.
1962—Pub. L. 87–651, title I, §107(e), Sept. 7, 1962, 76 Stat. 509, substituted "Discharge or release from active duty: claims for compensation, pension, or hospitalization" for "Explanation of rights before discharge" in item 1218, and "Statement of origin of disease or injury: limitations" for "Statement against interest void" in item 1219, and struck out item 1220 "Location of accredited representatives at military installations".
1958—Pub. L. 85–861, §1(28)(C), Sept. 2, 1958, 72 Stat. 1451, added item 1221.
1957—Pub. L. 85–56, title XXII, §2201(31)(B), June 17, 1957, 71 Stat. 161, eff. Jan. 1, 1958, added items 1218 to 1220.
Statutory Notes and Related Subsidiaries
Continuing Military Service for Certain Members Eligible for Chapter 61 Retirement
Pub. L. 118–31, div. A, title V, §529, Dec. 22, 2023, 137 Stat. 256, provided that:
"(a) In General.—Not later than one year after the date of the enactment of this Act [Dec. 22, 2023], the Secretary of Defense shall prescribe regulations that authorize the Secretary of the military department concerned to authorize a covered member to continue to serve in the Armed Forces—
"(1) in the current military occupational specialty of such covered member, for which the covered member may not be deployable; or
"(2) in a military occupational specialty for which the covered member is deployable.
"(b) Rule of Construction.—A covered member who completes 20 years of service computed under section 1208 of title 10, United States Code shall not be denied any benefit—
"(1) for which the covered member is eligible under laws administered by the Secretary of Defense or the Secretary of Veterans Affairs; and
"(2) solely on the basis that the covered member elected to continue to serve in the Armed Forces instead of taking retirement under chapter 61 of title 10, United States Code.
"(c) Covered Member Defined.—In this section, the term 'covered member' means a member of the Army, Navy, Air Force, Marine Corps, or Space Force—
"(1) whom the Secretary of the military department concerned determines possesses skill or experience vital to the Armed Force concerned;
"(2) who incurs a disability—
"(A) while eligible for special pay under section 310 of title 37, United States Code; and
"(B) that renders the member eligible for retirement under chapter 61 of title 10, United States Code; and
"(3) who seeks to continue to serve in the Armed Forces instead of taking such retirement."
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Bluebook (online)
10 U.S.C. § 1187, Counsel Stack Legal Research, https://law.counselstack.com/usc/10/1187.