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A Board of Inquiry must grant a respondent whose case is being considered by the Board the following rights:
- a reasonable amount of time to prepare a showing of cause for retention in the Service
- to appear in person at all proceedings of the Board of Inquiry
- to be represented either by military counsel appointed by the Show Cause Authority (or other authority designated by the Secretary concerned) or by military counsel of the respondent's own choice (if the counsel of choice is determined to be reasonably available under regulations prescribed by the Secretary concerned), but not by both
- to employ civilian counsel at no expense to the Government, if so provided by regulations of the Secretary concerned
- full access to, and be furnished copies of, records relevant to the case that are not withheld in the interest of national security
- access to a summary of the records of the case that are withheld in the interest of national security, to the extent practical
- to request the appearance before the board of any witness whose testimony is considered pertinent to the respondent's case
- to submit, at any time before the board convenes or during the proceedings, documents from the respondent's record of service, letters, answers, depositions, sworn or unsworn statements, affidavits, certificates, or stipulations
- to testify on the respondent's behalf
- to question, or to have the respondent's counsel question, any witness who appears before the board
- to present, or to have the respondent's counsel present, oral and/or written argument on the matter to the board
- to request a continuance, under regulations prescribed by the Secretary concerned, when necessary for the preparation of the respondent's case before the board |