10 U.S.C. § 14902

Separation for substandard performance and for certain other reasons

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(a)Substandard Performance of Duty.—The Secretary of the military department concerned shall prescribe, by regulation, procedures for the review at any time of the record of any reserve officer to determine whether that officer should be required, because that officer’s performance has fallen below standards prescribed by the Secretary concerned, to show cause for retention in an active status.(b)Misconduct, Etc.—The Secretary of the military department concerned shall prescribe, by regulation, procedures for the review at any time of the record of any reserve officer to determine whether that officer should be required, because of misconduct, because of moral or professional dereliction, or because the officer’s retention is not clearly consistent with the interests of national security, to show cause for retention in an active status.(c)Regulations.—The authority of the Secretary of a military department under this section shall be carried out subject to such limitations as the Secretary of Defense may prescribe by regulation.(Added Pub. L. 103–337, div. A, title XVI, § 1611, Oct. 5, 1994, 108 Stat. 2958.)Statutory Notes and Related SubsidiariesEffective 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.

Notes of Decisions

Cited in 3 cases (2 in the last 5 years), 2008–2025 · leading case: Smith v. Harvey, 541 F. Supp. 2d 8 (D.D.C. 2008).

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Smith v. Harvey, 541 F. Supp. 2d 8 (D.D.C. 2008). · cites it 4× “) She insists that 10 U.S.C. § 14902 “is unconstitutional as it violates a solider’s [Fifth] [AJmendment due process rights” because the statute enables the initiation of an involuntary separation “at any time.”

Mazarji v. United States (Fed. Cl. 2023). “” 10 U.S.C. § 14902 (a). An officer who falls below such standards and does not show cause to be retained in active status will be required to retire if he is eligible and be honorably discharged if he is not.”

Scott v. United States (Fed. Cl. 2025). “See 10 U.S.C. §§ 14902–14903; see also AR App.”

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