10 U.S.C. § 1214
Section 1214 · Right to full and fair hearing
Amended 2 times on record
Applied in 45 court decisions — leading case Brown v. United States (1968)
Most recently applied in 270 F. Supp. 3d 184 - Chatman v. United States Department of Defense (September 2017)
How often courts cite this section
Court decisions citing this, by year.Markers show enactment, consequential amendments, and circuit splits over this section — watch for a citation surge after a change or a disagreement. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
No member of the armed forces may be retired or separated for physical disability without a full and fair hearing if the member demands it. The Secretary concerned may require submission of a statement of contention as part of the demand.
Editorial notes U.S. Code · Office of the Law Revision Counsel
Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
1214
37:283 (less 1st 17 words).
Oct. 12, 1949, ch. 681, § 413 (less 1st 17 words), 63 Stat. 825.
The words “including regulations” are omitted as covered by section 1216(a) of this title.
Editorial Notes
Amendments
2025—Pub. L. 119–60 substituted “if the member demands it. The Secretary concerned may require submission of a statement of contention as part of the demand.” for “if he demands it.”