H.R.86 - A bill to amend title 10, United States Code, to limit the separation of members of the Armed Forces under conditions other than honorable, and for other purposes.93rd Congress (1973-1974)
|Sponsor:||Rep. Bennett, Charles E. [D-FL-3] (Introduced 01/03/1973)|
|Committees:||House - Armed Services|
|Latest Action:||01/03/1973 Referred to House Committee on Armed Services. (All Actions)|
This bill has the status Introduced
Here are the steps for Status of Legislation:
Summary: H.R.86 — 93rd Congress (1973-1974)All Bill Information (Except Text)
Introduced in House (01/03/1973)
Provides that a member of the armed force may be separated under other than honorable conditions as a result of any of the following: (1) absence without authority for one year; (2) adjudication as a juvenile offender or final conviction by a civilian court for an offense punishable by death or imprisonment for more than one year; (3) during a 3 year period, three convictions by separate courts-martial or civilian courts of offenses punishable by three months imprisonment; (4) an approved recommendation of a board of officers upon a finding of misconduct or moral or professional dereliction or that a member's retention would not be consistent with the interests of national security; (5) resignation or request for discharge in place of trial by court-martial; and (6) in time of war, by Presidential order.
Grants th board of officers and the member equal opportunity to obtain witnesses and other evidence. Grants the board power to issue process to compel the attendance of witnesses and the production or evidence.
Requires that a board of officers hold a hearing at which the member can appear and present evidence in his own behalf, be represented by qualified counsel; confront witnesses and examine evidence. Allows the member to appeal any adverse recommendations of a board of officers to a review board. Restricts the review board to the record of the proceedings of the board of officers and to written arguments of counsel. Permits a review board to recommend only a mitigation of a Board recommendation.
Asserts that a member who has been retained as a result of the proceedings may not be required to appear before another board of officers for conduct, which was the subject of previous proceedings, except in the cases of fraud or collusion.
Authorizes the Secretary of the military department concerned to at any time convene a board of officers to review the record of any commissioned or warrant officer of the Regular Army, Regular Navy, Regular Air Force, or Regular Marine Corps to determine whether he shall be required, because his performance of duty has fallen below standards prescribed by the Secretary, to show cause for his retention on active duty; or to determine whether he should be removed from active duty because of misconduct, moral or professional dereliction, or because his retention is not clearly consistent with the interests of national security.
Provides that Boards of Inquiry, each composed of three or more officers, shall be convened, at such places as the Secretary of the military department concerned may prescribe, to receive evidence and make findings and recommendations whether an officer who is required to show cause for retention due to substandard performance should be retained on active duty. Requires a fair and impartial hearing before a board of inquiry for such officers.
Directs the board of inquiry upon determination that the officer has failed to establish that he should be retained, to send the record of its proceedings to a board of review.
Provides that Boards of Review, each composed of three or more officers shall be convened by the Secretary of the military department concerned, at such times as he may prescribe, to review the records of cases of regular commissioned or warrant officers recommended for removal by a board of inquiry. Asserts that if after reviewing the record of the case, a board of review determines that the officer: (1) has failed to establish that he should be retained, it shall sent its recommendation to the Secretary for his action; or (2) has established that he should be retained on active duty, his case is closed, except that after one year from the date of that determination, he may be again required to show cause for retention.
Authorizes the Secretary of the military department concerned to remove an officer from active duty in the regular component of armed force if his removal is recommended by a board of review under this chapter. Makes the Secretary's action in such a case final and conclusive.
Sets forth the rights of officers in the proceedings outlined above, which rights include that of notice, representation by counsel, etc.
Permits voluntary retirement or voluntary discharge where removal of an officer is sought.
Sets forth criteria for eligibility of officers to serve on Boards.