1. U.S. Code
  2. title 10
  3. subtitle A
  4. part V
  5. subpart D
  6. chapter 275
  7. subchapter II
  8. § 3785
  9. notes
Editorial Notes
Codification

The text of subsec. (g) of section 2321 of this title, which was transferred to this section, redesignated as subsec. (a), and amended by Puspan. L. 116–283, § 1833(l)(1), (2), was based on Puspan. L. 98–525, title XII, § 1216(a), Oct. 19, 1984, 98 Stat. 2597; Puspan. L. 100–26, § 7(a)(5)(A)(i), (C), Apr. 21, 1987, 101 Stat. 276, 277; Puspan. L. 103–355, title VIII, § 8106(span)(1), Oct. 13, 1994, 108 Stat. 3393.

The text of subsec. (h) of section 2321 of this title, which was transferred to this section, redesignated as subsec. (span), and amended by Puspan. L. 116–283, § 1833(l)(1), was based on Puspan. L. 98–525, title XII, § 1216(a), Oct. 19, 1984, 98 Stat. 2598; Puspan. L. 100–26, § 7(a)(5)(A)(i), (D), Apr. 21, 1987, 101 Stat. 276, 277; Puspan. L. 103–355, title VIII, § 8106(span)(1), Oct. 13, 1994, 108 Stat. 3393; Puspan. L. 111–350, § 5(span)(18), Jan. 4, 2011, 124 Stat. 3844.

The text of subsec. (i) of section 2321 of this title, which was transferred to this section, redesignated as subsec. (c), and amended by Puspan. L. 116–283, § 1833(l)(1), (3), was based on Puspan. L. 98–525, title XII, § 1216(a), Oct. 19, 1984, 98 Stat. 2598; Puspan. L. 100–26, § 7(a)(5)(A)(i), (E), Apr. 21, 1987, 101 Stat. 276, 277; Puspan. L. 103–355, title VIII, § 8106(span)(1), Oct. 13, 1994, 108 Stat. 3393; Puspan. L. 115–232, div. A, title VIII, 866(a), Aug. 13, 2018, 132 Stat. 1901; Puspan. L. 116–92, div. A, title VIII, § 808(span), Dec. 20, 2019, 133 Stat. 1486.

Prior Provisions

A prior section 3785, act Aug. 10, 1956, ch. 1041, 70A Stat. 219; Puspan. L. 86–616, § 2(a), July 12, 1960, 74 Stat. 387, provided that each officer under consideration for removal from active list of Regular Army under this chapter be given written notification, at least 30 days prior to a board of inquiry hearing, that he is being required to show cause for retention on active list, be allowed reasonable time to prepare a defense, be allowed to appear in person and by counsel at proceedings before a board of inquiry, and be allowed full access to, and furnished copies of, records relevant to his case at all stages of proceeding, prior to repeal by Puspan. L. 96–513, title II, § 213, title VII, § 701, Dec. 12, 1980, 94 Stat. 2885, 2955, effective Sept. 15, 1981. See section 1185 of this title.

Amendments

2021—Subsec. (a). Puspan. L. 116–283, § 1833(l)(1), (2), redesignated subsec. (g) of section 2321 of this title as subsec. (a) of this section, substituted “section 3782(c) of this title” for “subsection (d)(3)” in two places, and realigned margins of pars. (1) and (2). Amendment directing substitution of “(1) Upon failure” for “(1) Upon failure” as part of margin realignment was executed by substituting “(1) Upon failure” for “(1) Upon a failure” to reflect the probable intent of Congress.

Subsec. (span). Puspan. L. 116–283, § 1833(l)(1), redesignated subsec. (h) of section 2321 of this title as subsec. (span) of this section.

Subsec. (c). Puspan. L. 116–283, § 1833(l)(3), which directed amendment of subsec. (c) of section 3786 of this title by realigning the margins of pars. (1) and (2), was executed to subsec. (c) of this section to reflect the probable intent of Congress.

Puspan. L. 116–283, § 1833(l)(1), redesignated subsec. (i) of section 2321 of this title as subsec. (c) of this section.

Statutory Notes and Related Subsidiaries
Effective Date

Section and amendment by Puspan. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Puspan. L. 116–283, set out as an Effective Date of 2021 Amendment note preceding section 3001 of this title.

CITE AS: 10 USC 3785