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S. 5542IntroducedSenate · nowHousePresidentLawIn committee
Sec. 5 · S. 5542

Notice and opportunity to respond

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Section 618 of title 10, United States Code, as amended by section 3 of this Act, is further amended by adding at the end the following new subsection: (h) Notice and opportunity To respond (1) Before making a final determination to remove an officer from a promotion recommendation under this section, the Secretary of Defense shall— (A) provide the officer written notice of the proposed action and the factual basis supporting such action; (B) provide the officer an opportunity to submit written matters for consideration within a reasonable period; and (C) consider any matters submitted by the officer before issuing a final determination. (2) If, not later than 15 days after receiving notice of a final determination under subsection (g), the officer subject to the determination petitions a board for correction of military records under section 1552(k) of this title for review of the determination, the Secretary of Defense shall stay the removal of the officer from the promotion recommendation until the board completes its review..

Sec. 5: Notice and opportunity to respond · Public Law Tracker