US (United States) Code. Title 10. Subtitle A. Part II. Chapter 79: Correction of military records

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Armed Forces

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-CITE-

10 USC CHAPTER 79 - CORRECTION OF MILITARY RECORDS 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 79 - CORRECTION OF MILITARY RECORDS

.

-HEAD-

CHAPTER 79 - CORRECTION OF MILITARY RECORDS

-MISC1-

Sec.

1551. Correction of name after separation from service under an

assumed name.

1552. Correction of military records: claims incident thereto.

1553. Review of discharge or dismissal.

1554. Review of retirement or separation without pay for physical

disability.

1555. Professional staff.

1556. Ex parte communications prohibited.

1557. Timeliness standards for disposition of applications before

Corrections Boards.

1558. Review of actions of selection boards: correction of military

records by special boards; judicial review.

1559. Personnel limitation.

AMENDMENTS

2002 - Pub. L. 107-314, div. A, title V, Sec. 552(b), Dec. 2,

2002, 116 Stat. 2552, added item 1559.

2001 - Pub. L. 107-107, div. A, title V, Sec. 503(a)(2), Dec.

28, 2001, 115 Stat. 1083, added item 1558.

1998 - Pub. L. 105-261, div. A, title V, Sec. 542(a)(2),

543(a)(2), 544(b), Oct. 17, 1998, 112 Stat. 2020-2022, added items

1555 to 1557.

1962 - Pub. L. 87-651, title I, Sec. 110(b), Sept. 7, 1962, 76

Stat. 510, substituted ''discharge or dismissal'' for ''discharges

or dismissals'' in item 1553, and ''retirement or separation

without pay for physical disability'' for ''decisions of retiring

boards and similar boards'' in item 1554.

1958 - Pub. L. 85-857, Sec. 13(v)(3), Sept. 2, 1958, 72 Stat.

1268, added items 1553 and 1554.

-CITE-

10 USC Sec. 1551 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 79 - CORRECTION OF MILITARY RECORDS

-HEAD-

Sec. 1551. Correction of name after separation from service under

an assumed name

-STATUTE-

The Secretary of the military department concerned shall issue a

certificate of discharge or an order of acceptance of resignation

in the true name of any person who was separated from the Army,

Navy, Air Force, or Marine Corps honorably or under honorable

conditions after serving under an assumed name during a war with

another nation or people, upon application by, or on behalf of,

that person, and upon proof of his identity. However, a

certificate or order may not be issued under this section if the

name was assumed to conceal a crime or to avoid its consequences.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 116.)

-MISC1-

Historical and Revision Notes

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Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

1551 5:200. 34:597. Apr. 14, 1890, ch.

80; restated June

25, 1910, ch. 393,

36 Stat. 824.

Aug. 22, 1912, ch.

329, 37 Stat. 324.

-------------------------------

The word ''shall'' is substituted for the words ''is authorized

and required''. The word ''separated'' is substituted for the word

''discharged'', since the revised section covers acceptances of

resignations as well as certificates of discharge. The words

''enlisted or'' and ''while minors or otherwise'' are omitted as

surplusage. The words ''the War of the Rebellion'' are omitted as

obsolete. The word ''with'' is substituted for the words ''between

the United States and''. The words ''honorably or under honorable

conditions'' are substituted for the word ''honorably''.

PERSONNEL FREEZE FOR SERVICE REVIEW AGENCIES

Pub. L. 105-261, div. A, title V, Sec. 541, Oct. 17, 1998, 112

Stat. 2019, provided that:

''(a) Limitation. - During fiscal years 1999, 2000, and 2001, the

Secretary of a military department may not carry out any reduction

in the number of military and civilian personnel assigned to duty

with the service review agency for that military department below

the baseline number for that agency until -

''(1) the Secretary submits to Congress a report that describes

the reduction proposed to be made, provides the Secretary's

rationale for that reduction, and specifies the number of such

personnel that would be assigned to duty with that agency after

the reduction; and

''(2) a period of 90 days has elapsed after the date on which

such report is submitted.

''(b) Baseline Number. - The baseline number for a service review

agency under this section is -

''(1) for purposes of the first report with respect to a

service review agency under this section, the number of military

and civilian personnel assigned to duty with that agency as of

October 1, 1997; and

''(2) for purposes of any subsequent report with respect to a

service review agency under this section, the number of such

personnel specified in the most recent report with respect to

that agency under this section.

''(c) Service Review Agency Defined. - In this section, the term

'service review agency' means -

''(1) with respect to the Department of the Army, the Army

Review Boards Agency;

''(2) with respect to the Department of the Navy, the Board for

Correction of Naval Records; and

''(3) with respect to the Department of the Air Force, the Air

Force Review Boards Agency.''

-CITE-

10 USC Sec. 1552 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 79 - CORRECTION OF MILITARY RECORDS

-HEAD-

Sec. 1552. Correction of military records: claims incident thereto

-STATUTE-

(a)(1) The Secretary of a military department may correct any

military record of the Secretary's department when the Secretary

considers it necessary to correct an error or remove an injustice.

Except as provided in paragraph (2), such corrections shall be made

by the Secretary acting through boards of civilians of the

executive part of that military department. The Secretary of

Homeland Security may in the same manner correct any military

record of the Coast Guard.

(2) The Secretary concerned is not required to act through a

board in the case of the correction of a military record announcing

a decision that a person is not eligible to enlist (or reenlist) or

is not accepted for enlistment (or reenlistment) or announcing the

promotion and appointment of an enlisted member to an initial or

higher grade or the decision not to promote an enlisted member to a

higher grade. Such a correction may be made only if the correction

is favorable to the person concerned.

(3) Corrections under this section shall be made under procedures

established by the Secretary concerned. In the case of the

Secretary of a military department, those procedures must be

approved by the Secretary of Defense.

(4) Except when procured by fraud, a correction under this

section is final and conclusive on all officers of the United

States.

(b) No correction may be made under subsection (a)(1) unless the

claimant or his heir or legal representative files a request for

the correction within three years after he discovers the error or

injustice. However, a board established under subsection (a)(1)

may excuse a failure to file within three years after discovery if

it finds it to be in the interest of justice.

(c) The Secretary concerned may pay, from applicable current

appropriations, a claim for the loss of pay, allowances,

compensation, emoluments, or other pecuniary benefits, or for the

repayment of a fine or forfeiture, if, as a result of correcting a

record under this section, the amount is found to be due the

claimant on account of his or another's service in the Army, Navy,

Air Force, Marine Corps, or Coast Guard, as the case may be, or on

account of his or another's service as a civilian employee. If the

claimant is dead, the money shall be paid, upon demand, to his

legal representative. However, if no demand for payment is made by

a legal representative, the money shall be paid -

(1) to the surviving spouse, heir, or beneficiaries, in the

order prescribed by the law applicable to that kind of payment;

(2) if there is no such law covering order of payment, in the

order set forth in section 2771 of this title; or

(3) as otherwise prescribed by the law applicable to that kind

of payment.

A claimant's acceptance of a settlement under this section fully

satisfies the claim concerned. This section does not authorize the

payment of any claim compensated by private law before October 25,

1951.

(d) Applicable current appropriations are available to continue

the pay, allowances, compensation, emoluments, and other pecuniary

benefits of any person who was paid under subsection (c), and who,

because of the correction of his military record, is entitled to

those benefits, but for not longer than one year after the date

when his record is corrected under this section if he is not

reenlisted in, or appointed or reappointed to, the grade to which

those payments relate. Without regard to qualifications for

reenlistment, or appointment or reappointment, the Secretary

concerned may reenlist a person in, or appoint or reappoint him to,

the grade to which payments under this section relate.

(e) No payment may be made under this section for a benefit to

which the claimant might later become entitled under the laws and

regulations administered by the Secretary of Veterans Affairs.

(f) With respect to records of courts-martial and related

administrative records pertaining to court-martial cases tried or

reviewed under chapter 47 of this title (or under the Uniform Code

of Military Justice (Public Law 506 of the 81st Congress)), action

under subsection (a) may extend only to -

(1) correction of a record to reflect actions taken by

reviewing authorities under chapter 47 of this title (or under

the Uniform Code of Military Justice (Public Law 506 of the 81st

Congress)); or

(2) action on the sentence of a court-martial for purposes of

clemency.

(g) In this section, the term ''military record'' means a

document or other record that pertains to (1) an individual member

or former member of the armed forces, or (2) at the discretion of

the Secretary of the military department concerned, any other

military matter affecting a member or former member of the armed

forces, an employee or former employee of that military department,

or a dependent or current or former spouse of any such person.

Such term does not include records pertaining to civilian

employment matters (such as matters covered by title 5 and chapters

81, 83, 87, 108, 373, 605, 607, 643, and 873 of this title).

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 116; Pub. L. 86-533, Sec. 1(4),

June 29, 1960, 74 Stat. 246; Pub. L. 96-513, title V, Sec. 511(60),

Dec. 12, 1980, 94 Stat. 2925; Pub. L. 98-209, Sec. 11(a), Dec. 6,

1983, 97 Stat. 1407; Pub. L. 100-456, div. A, title XII, Sec.

1233(a), Sept. 29, 1988, 102 Stat. 2057; Pub. L. 101-189, div. A,

title V, Sec. 514, title XVI, Sec. 1621(a)(2), Nov. 29, 1989, 103

Stat. 1441, 1603; Pub. L. 102-484, div. A, title X, Sec. 1052(19),

Oct. 23, 1992, 106 Stat. 2500; Pub. L. 105-261, div. A, title V,

Sec. 545(a), (b), Oct. 17, 1998, 112 Stat. 2022; Pub. L. 107-296,

title XVII, Sec. 1704(b)(1), Nov. 25, 2002, 116 Stat. 2314.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

1552(a) 5:191a(a) (less 2d Aug. 2, 1946, ch.

and last provisos). 753, Sec. 207;

5:275(a) (less 2d restated Oct. 25,

and last provisos). 1951, ch. 588, 65

Stat. 655.

1552(b) 5:191a(a) (2d and

last provisos).

5:275(a) (2d and

last provisos).

1552(c) 5:191a(b), (c).

5:275(b), (c).

1552(d) 5:191a(d).

5:275(d).

1552(e) 5:191a(f).

5:275(f).

1552(f) 5:191a(e).

5:275(e).

-------------------------------

In subsection (a), the words ''and approved by the Secretary of

Defense'' are substituted for 5:191a(a) (1st proviso). The words

''when he considers it'' are substituted for the words ''where in

their judgment such action is'', in 5:191a and 275. The words

''officers or employees'' and ''means of'', in 5:191a and 275, are

omitted as surplusage. The word ''naval'', in 5:191a and 275, is

omitted as covered by the word ''military''.

In subsection (b), the words ''before October 26, 1961'' are

substituted for the words ''or within ten years after the date of

enactment of this section'', in 5:191a and 275. The last sentence

of the revised subsection is substituted for 5:191a(a) (last

proviso) and 275(a) (last proviso).

In subsection (c), the words ''if, as a result of correcting a

record under this section * * * the amount is found to be due the

claimant on account of his or another's service in the Army, Navy,

Air Force, Marine Corps, or Coast Guard, as the case may be'' are

substituted for the words ''which are found to be due on account of

military or naval service as a result of the action * * * hereafter

taken pursuant to subsection (a) of this section'', in 5:191a and

275. The words ''heretofore taken pursuant to this section'', in

5:191a and 275, are omitted as executed. The words ''of any

persons, their heirs at law or legal representative as hereinafter

provided'', ''(including retired or retirement pay)'', ''as the

case may be'', ''duly appointed'', ''otherwise due hereunder'',

''decedent's'', ''precedence or succession'', and ''of

precedence'', in 5:191a and 275, are omitted as surplusage. The

last sentence is substituted for 5:191a(c) and 275(c).

In subsection (d), the word ''but'' is substituted for the words

''That, continuing payments are authorized to be made to such

personnel'', in 5:191a and 275. The words ''if he is not reenlisted

in, or appointed or reappointed to, the grade to which those

payments relate'' are substituted for the words ''without the

necessity for reenlistment, appointment, or reappointment to the

grade, rank, or office to which such pay (including retired or

retirement pay), allowances, compensation, emoluments, and other

monetary benefits are attached'', in 5:191a and 275. The words ''or

one year following the date of enactment of this section'', in

5:191a and 275, are omitted as executed. The words ''for payment

of such sums as may be due for'', in 5:191a and 275, are omitted as

surplusage. The words ''(including retired or retirement pay)'',

in 5:191a and 275, are omitted as covered by the definition of

''pay'' in section 101(27) of this title.

In subsection (e), the words ''No payment may be made under this

section'' are substituted for the words ''Nothing in this section

shall be construed to authorize the payment of any amount as

compensation'', in 5:191a and 275.

-REFTEXT-

REFERENCES IN TEXT

The Uniform Code of Military Justice (Public Law 506 of the 81st

Congress), referred to in subsec. (f), is act May 5, 1950, ch. 169,

Sec. 1, 64 Stat. 107, which was classified to chapter 22 (Sec. 551

et seq.) of Title 50, War and National Defense, and was repealed

and reenacted as chapter 47 (Sec. 801 et seq.) of this title by act

Aug. 10, 1956, ch. 1041, Sec. 53, 70A Stat. 641, the first section

of which enacted this title.

-MISC2-

AMENDMENTS

2002 - Subsec. (a)(1). Pub. L. 107-296 substituted ''Secretary of

Homeland Security'' for ''Secretary of Transportation''.

1998 - Subsec. (c). Pub. L. 105-261, Sec. 545(a), inserted '', or

on account of his or another's service as a civilian employee''

before period at end of first sentence.

Subsec. (g). Pub. L. 105-261, Sec. 545(b), added subsec. (g).

1992 - Subsec. (a)(2). Pub. L. 102-484 substituted ''announcing

the promotion and appointment of an enlisted member to an initial

or higher grade or the decision not to promote an enlisted member

to a higher grade'' for ''announcing a decision not to promote an

enlisted member to a higher grade''.

1989 - Subsec. (a). Pub. L. 101-189, Sec. 514(a), amended subsec.

(a) generally. Prior to amendment, subsec. (a) read as follows:

''The Secretary of a military department, under procedures

established by him and approved by the Secretary of Defense, and

acting through boards of civilians of the executive part of that

military department, may correct any military record of that

department when he considers it necessary to correct an error or

remove an injustice. Under procedures prescribed by him, the

Secretary of Transportation may in the same manner correct any

military record of the Coast Guard. Except when procured by fraud,

a correction under this section is final and conclusive on all

officers of the United States.''

Subsec. (b). Pub. L. 101-189, Sec. 514(b), substituted

''subsection (a)(1)'' for ''subsection (a)'' in two places.

Subsec. (e). Pub. L. 101-189, Sec. 1621(a)(2), substituted

''Secretary of Veterans Affairs'' for ''Administrator of Veterans'

Affairs''.

1988 - Subsec. (b). Pub. L. 100-456, Sec. 1233(a)(1), substituted

''for the correction within three years after he discovers the

error or injustice'' for ''therefor before October 26, 1961, or

within three years after he discovers the error or injustice,

whichever is later''.

Subsec. (c). Pub. L. 100-456, Sec. 1233(a)(2), substituted ''The

Secretary concerned'' for ''The department concerned''.

1983 - Subsec. (f). Pub. L. 98-209 added subsec. (f).

1980 - Subsec. (a). Pub. L. 96-513 substituted ''Secretary of

Transportation'' for ''Secretary of the Treasury''.

1960 - Subsec. (f). Pub. L. 86-533 repealed subsec. (f) which

required reports to the Congress every six months with respect to

claims paid under this section.

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-296 effective on the date of transfer of

the Coast Guard to the Department of Homeland Security, see section

1704(g) of Pub. L. 107-296, set out as a note under section 101 of

this title.

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-513 effective Dec. 12, 1980, see section

701(b)(3) of Pub. L. 96-513, set out as a note under section 101 of

this title.

BOARD FOR CORRECTION OF MILITARY RECORDS

Pub. L. 101-225, title II, Sec. 212, Dec. 12, 1989, 103 Stat.

1914, provided that: ''Not later than 6 months after the date of

the enactment of this Act (Dec. 12, 1989), the Secretary of

Transportation shall -

''(1) amend part 52 of title 33, Code of Federal Regulations,

governing the proceedings of the board established by the

Secretary under section 1552 of title 10, United States Code, to

ensure that a complete application for correction of military

records is processed expeditiously and that final action on the

application is taken within 10 months of its receipt; and

''(2) appoint and maintain a permanent staff, and a panel of

civilian officers or employees to serve as members of the board,

which are adequate to ensure compliance with paragraph (1) of

this subsection.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 628, 1034, 1558, 14502 of

this title; title 14 section 425; title 38 sections 3462, 5110;

title 42 section 213a.

-CITE-

10 USC Sec. 1553 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 79 - CORRECTION OF MILITARY RECORDS

-HEAD-

Sec. 1553. Review of discharge or dismissal

-STATUTE-

(a) The Secretary concerned shall, after consulting the Secretary

of Veterans Affairs, establish a board of review, consisting of

five members, to review the discharge or dismissal (other than a

discharge or dismissal by sentence of a general court-martial) of

any former member of an armed force under the jurisdiction of his

department upon its own motion or upon the request of the former

member or, if he is dead, his surviving spouse, next of kin, or

legal representative. A motion or request for review must be made

within 15 years after the date of the discharge or dismissal. With

respect to a discharge or dismissal adjudged by a court-martial

case tried or reviewed under chapter 47 of this title (or under the

Uniform Code of Military Justice (Public Law 506 of the 81st

Congress)), action under this subsection may extend only to a

change in the discharge or dismissal or issuance of a new discharge

for purposes of clemency.

(b) A board established under this section may, subject to review

by the Secretary concerned, change a discharge or dismissal, or

issue a new discharge, to reflect its findings.

(c) A review by a board established under this section shall be

based on the records of the armed forces concerned and such other

evidence as may be presented to the board. A witness may present

evidence to the board in person or by affidavit. A person who

requests a review under this section may appear before the board in

person or by counsel or an accredited representative of an

organization recognized by the Secretary of Veterans Affairs under

chapter 59 of title 38.

-SOURCE-

(Added Pub. L. 85-857, Sec. 13(v)(2), Sept. 2, 1958, 72 Stat. 1266;

amended Pub. L. 87-651, title I, Sec. 110(a), Sept. 7, 1962, 76

Stat. 509; Pub. L. 98-209, Sec. 11(b), Dec. 6, 1983, 97 Stat. 1407;

Pub. L. 101-189, div. A, title XVI, Sec. 1621(a)(2), Nov. 29,

1989, 103 Stat. 1603.)

-MISC1-

HISTORICAL AND REVISION NOTES

Sections 1553 and 1554 are restated, without substantive change,

to conform to the style adopted for title 10.

-REFTEXT-

REFERENCES IN TEXT

The Uniform Code of Military Justice (Public Law 506 of the 81st

Congress), referred to in subsec. (a), is act May 5, 1950, ch. 169,

Sec. 1, 64 Stat. 107, which was classified to chapter 22 (Sec. 551

et seq.) of Title 50, War and National Defense, and was repealed

and reenacted as chapter 47 (Sec. 801 et seq.) of this title by act

Aug. 10, 1956, ch. 1041, Sec. 53, 70A Stat. 641, the first section

of which enacted this title.

-MISC2-

AMENDMENTS

1989 - Subsecs. (a), (c). Pub. L. 101-189 substituted ''Secretary

of Veterans Affairs'' for ''Administrator of Veterans' Affairs''.

1983 - Subsec. (a). Pub. L. 98-209 inserted provision that with

respect to a discharge or dismissal adjudged by a court-martial

case tried or reviewed under chapter 47 of this title (or under the

Uniform Code of Military Justice (Public Law 506 of the 81st

Congress)), action under this subsection may extend only to a

change in the discharge or dismissal or issuance of a new discharge

for purposes of clemency.

1962 - Pub. L. 87-651 amended section generally without

substantive change to conform to the style adopted for the revision

of this title.

EFFECTIVE DATE

Section effective Jan. 1, 1959, see section 2 of Pub. L. 85-857,

set out as a note preceding Part I of Title 38, Veterans' Benefits.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1034 of this title; title

38 sections 3462, 5110, 5303; title 42 section 213a.

-CITE-

10 USC Sec. 1554 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 79 - CORRECTION OF MILITARY RECORDS

-HEAD-

Sec. 1554. Review of retirement or separation without pay for

physical disability

-STATUTE-

(a) The Secretary concerned shall from time to time establish

boards of review, each consisting of five commissioned officers,

two of whom shall be selected from officers of the Army Medical

Corps, officers of the Navy Medical Corps, Air Force officers

designated as medical officers, or officers of the Public Health

Service, as the case may be, to review, upon the request of an

officer retired or released from active duty without pay for

physical disability, the findings and decisions of the retiring

board, board of medical survey, or disposition board in his case.

A request for review must be made within 15 years after the date of

the retirement or separation.

(b) A board established under this section has the same powers as

the board whose findings and decision are being reviewed. The

findings of the board shall be sent to the Secretary concerned, who

shall submit them to the President for approval.

(c) A review by a board established under this section shall be

based upon the records of the armed forces concerned and such other

evidence as may be presented to the board. A witness may present

evidence to the board in person or by affidavit. A person who

requests a review under this section may appear before the board in

person or by counsel or an accredited representative of an

organization recognized by the Secretary of Veterans Affairs under

chapter 59 of title 38.

-SOURCE-

(Added Pub. L. 85-857, Sec. 13(v)(2), Sept. 2, 1958, 72 Stat. 1267;

amended Pub. L. 87-651, title I, Sec. 110(a), Sept. 7, 1962, 76

Stat. 510; Pub. L. 101-189, div. A, title XVI, Sec. 1621(a)(2),

Nov. 29, 1989, 103 Stat. 1603.)

-MISC1-

HISTORICAL AND REVISION NOTES

Sections 1553 and 1554 are restated, without substantive change,

to conform to the style adopted for title 10.

AMENDMENTS

1989 - Subsec. (c). Pub. L. 101-189 substituted ''Secretary of

Veterans Affairs'' for ''Administrator of Veterans' Affairs''.

1962 - Pub. L. 87-651 amended section generally without

substantive change to conform to the style adopted for the revision

of this title.

EFFECTIVE DATE

Section effective Jan. 1, 1959, see section 2 of Pub. L. 85-857,

set out as a note preceding Part I of Title 38, Veterans' Benefits.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions of Public Health Service, see note set

out under section 802 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 42 section 213a.

-CITE-

10 USC Sec. 1555 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 79 - CORRECTION OF MILITARY RECORDS

-HEAD-

Sec. 1555. Professional staff

-STATUTE-

(a) The Secretary of each military department shall assign to the

staff of the service review agency of that military department at

least one attorney and at least one physician. Such assignments

shall be made on a permanent, full-time basis and may be made from

members of the armed forces or civilian employees.

(b) Personnel assigned pursuant to subsection (a) -

(1) shall work under the supervision of the director or

executive director (as the case may be) of the service review

agency; and

(2) shall be assigned duties as advisers to the director or

executive director or other staff members on legal and medical

matters, respectively, that are being considered by the agency.

(c) In this section, the term ''service review agency'' means -

(1) with respect to the Department of the Army, the Army Review

Boards Agency;

(2) with respect to the Department of the Navy, the Navy

Council of Personnel Boards and the Board for Correction of Naval

Records; and

(3) with respect to the Department of the Air Force, the Air

Force Review Boards Agency.

-SOURCE-

(Added Pub. L. 105-261, div. A, title V, Sec. 542(a)(1), Oct. 17,

1998, 112 Stat. 2020; amended Pub. L. 106-65, div. A, title V,

Sec. 582, Oct. 5, 1999, 113 Stat. 634.)

-MISC1-

AMENDMENTS

1999 - Subsec. (c)(2). Pub. L. 106-65 inserted ''the Navy Council

of Personnel Boards and'' after ''Department of the Navy,''.

EFFECTIVE DATE

Pub. L. 105-261, div. A, title V, Sec. 542(b), Oct. 17, 1998,

112 Stat. 2020, provided that: ''Section 1555 of title 10, United

States Code, as added by subsection (a), shall take effect 180 days

after the date of the enactment of this Act (Oct. 17, 1998).''

-CITE-

10 USC Sec. 1556 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 79 - CORRECTION OF MILITARY RECORDS

-HEAD-

Sec. 1556. Ex parte communications prohibited

-STATUTE-

(a) In General. - The Secretary of each military department shall

ensure that an applicant seeking corrective action by the Army

Review Boards Agency, the Air Force Review Boards Agency, or the

Board for Correction of Naval Records, as the case may be, is

provided a copy of all correspondence and communications (including

summaries of verbal communications) to or from the agency or board,

or a member of the staff of the agency or board, with an entity or

person outside the agency or board that pertain directly to the

applicant's case or have a material effect on the applicant's case.

(b) Exceptions. - Subsection (a) does not apply to the following:

(1) Classified information.

(2) Information the release of which is otherwise prohibited by

law or regulation.

(3) Any record previously provided to the applicant or known to

be possessed by the applicant.

(4) Any correspondence that is purely administrative in nature.

(5) Any military record that is (or may be) provided to the

applicant by the Secretary of the military department or other

source.

-SOURCE-

(Added Pub. L. 105-261, div. A, title V, Sec. 543(a)(1), Oct. 17,

1998, 112 Stat. 2020.)

-MISC1-

EFFECTIVE DATE

Pub. L. 105-261, div. A, title V, Sec. 543(b), Oct. 17, 1998,

112 Stat. 2021, provided that: ''Section 1556 of title 10, United

States Code, as added by subsection (a), shall apply with respect

to correspondence and communications made 60 days or more after the

date of the enactment of this Act (Oct. 17, 1998).''

-CITE-

10 USC Sec. 1557 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 79 - CORRECTION OF MILITARY RECORDS

-HEAD-

Sec. 1557. Timeliness standards for disposition of applications

before Corrections Boards

-STATUTE-

(a) Ten-Month Clearance Percentage. - Of the applications

received by a Corrections Board during a period specified in the

following table, the percentage on which final action by the

Corrections Board must be completed within 10 months of receipt

(other than for those applications considered suitable for

administrative correction) is as follows:

The percentage on which final

For applications Correction Board action

received during - must be completed within

10 months of receipt is -

the period of fiscal years 2001 and 2002 50

the period of fiscal years 2003 and 2004 60

the period of fiscal years 2005, 2006, and 2007 70

the period of fiscal years 2008, 2009, and 2010 80

the period of any fiscal year after fiscal year 2010 90.

(b) Clearance Deadline for All Applications. - Effective October

1, 2002, final action by a Corrections Board on all applications

received by the Corrections Board (other than those applications

considered suitable for administrative correction) shall be

completed within 18 months of receipt.

(c) Waiver Authority. - The Secretary of the military department

concerned may exclude an individual application from the timeliness

standards prescribed in subsections (a) and (b) if the Secretary

determines that the application warrants a longer period of

consideration. The authority of the Secretary of a military

department under this subsection may not be delegated.

(d) Failure To Meet Timeliness Standards Not To Affect Any

Individual Application. - Failure of a Corrections Board to meet

the applicable timeliness standard for any period of time under

subsection (a) or (b) does not confer any presumption or advantage

with respect to consideration by the board of any application.

(e) Reports on Failure To Meet Timeliness Standards. - The

Secretary of the military department concerned shall submit to the

Committee on Armed Services of the Senate and the Committee on

Armed Services of the House of Representatives a report not later

than June 1 following any fiscal year during which the Corrections

Board of that Secretary's military department was unable to meet

the applicable timeliness standard for that fiscal year under

subsections (a) and (b). The report shall specify the reasons why

the standard could not be met and the corrective actions initiated

to ensure compliance in the future. The report shall also specify

the number of waivers granted under subsection (c) during that

fiscal year.

(f) Corrections Board Defined. - In this section, the term

''Corrections Board'' means -

(1) with respect to the Department of the Army, the Army Board

for Correction of Military Records;

(2) with respect to the Department of the Navy, the Board for

Correction of Naval Records; and

(3) with respect to the Department of the Air Force, the Air

Force Board for Correction of Military Records.

-SOURCE-

(Added Pub. L. 105-261, div. A, title V, Sec. 544(a), Oct. 17,

1998, 112 Stat. 2021; amended Pub. L. 106-65, div. A, title X,

Sec. 1067(1), Oct. 5, 1999, 113 Stat. 774.)

-MISC1-

AMENDMENTS

1999 - Subsec. (e). Pub. L. 106-65 substituted ''and the

Committee on Armed Services'' for ''and the Committee on National

Security''.

-CITE-

10 USC Sec. 1558 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 79 - CORRECTION OF MILITARY RECORDS

-HEAD-

Sec. 1558. Review of actions of selection boards: correction of

military records by special boards; judicial review

-STATUTE-

(a) Correction of Military Records. - The Secretary of a military

department may correct a person's military records in accordance

with a recommendation made by a special board. Any such correction

may be made effective as of the effective date of the action taken

on a report of a previous selection board that resulted in the

action corrected in the person's military records.

(b) Definitions. - In this section:

(1) Special board. - (A) The term ''special board'' means a

board that the Secretary of a military department convenes under

any authority to consider whether to recommend a person for

appointment, enlistment, reenlistment, assignment, promotion,

retention, separation, retirement, or transfer to inactive status

in a reserve component instead of referring the records of that

person for consideration by a previously convened selection board

which considered or should have considered that person.

(B) Such term includes a board for the correction of military

records convened under section 1552 of this title, if designated

as a special board by the Secretary concerned.

(C) Such term does not include a promotion special selection

board convened under section 628 or 14502 of this title.

(2) Selection board. - (A) The term ''selection board'' means a

selection board convened under section 573(c), 580, 580a, 581,

611(b), 637, 638, 638a, 14101(b), 14701, 14704, or 14705 of this

title, and any other board convened by the Secretary of a

military department under any authority to recommend persons for

appointment, enlistment, reenlistment, assignment, promotion, or

retention in the armed forces or for separation, retirement, or

transfer to inactive status in a reserve component for the

purpose of reducing the number of persons serving in the armed

forces.

(B) Such term does not include any of the following:

(i) A promotion board convened under section 573(a), 611(a),

or 14101(a) of this title.

(ii) A special board.

(iii) A special selection board convened under section 628 of

this title.

(iv) A board for the correction of military records convened

under section 1552 of this title.

(3) Involuntarily board-separated. - The term ''involuntarily

board-separated'' means separated or retired from an armed force,

or transferred to the Retired Reserve or to inactive status in a

reserve component, as a result of a recommendation of a selection

board.

(c) Relief Associated With Correction of Certain Actions. - (1)

The Secretary of the military department concerned shall ensure

that an involuntarily board-separated person receives relief under

paragraph (2) or under paragraph (3) if the person, as a result of

a correction of the person's military records under subsection (a),

becomes entitled to retention on or restoration to active duty or

to active status in a reserve component.

(2)(A) A person referred to in paragraph (1) shall, with that

person's consent, be restored to the same status, rights, and

entitlements (less appropriate offsets against back pay and

allowances) in that person's armed force as the person would have

had if the person had not been selected to be involuntarily

board-separated as a result of an action the record of which is

corrected under subsection (a). An action under this subparagraph

is subject to subparagraph (B).

(B) Nothing in subparagraph (A) may be construed to permit a

person to be on active duty or in an active status in a reserve

component after the date on which the person would have been

separated, retired, or transferred to the Retired Reserve or to

inactive status in a reserve component if the person had not been

selected to be involuntarily board-separated in an action of a

selection board the record of which is corrected under subsection

(a).

(3) If an involuntarily board-separated person referred to in

paragraph (1) does not consent to a restoration of status, rights,

and entitlements under paragraph (2), the Secretary concerned shall

pay that person back pay and allowances (less appropriate offsets),

and shall provide that person service credit, for the period -

(A) beginning on the date of the person's separation,

retirement, or transfer to the Retired Reserve or to inactive

status in a reserve component, as the case may be; and

(B) ending on the earlier of -

(i) the date on which the person would have been so restored

under paragraph (2), as determined by the Secretary concerned;

or

(ii) the date on which the person would otherwise have been

separated, retired, or transferred to the Retired Reserve or to

inactive status in a reserve component, as the case may be.

(d) Finality of Unfavorable Action. - If a special board makes a

recommendation not to correct the military records of a person

regarding action taken in the case of that person on the basis of a

previous report of a selection board, the action previously taken

on that report shall be considered as final as of the date of the

action taken on that report.

(e) Regulations. - (1) The Secretary of each military department

shall prescribe regulations to carry out this section. Regulations

under this subsection may not apply to subsection (f), other than

to paragraph (4)(C) of that subsection.

(2) The Secretary may prescribe in the regulations under

paragraph (1) the circumstances under which consideration by a

special board may be provided for under this section, including the

following:

(A) The circumstances under which consideration of a person's

case by a special board is contingent upon application by or for

that person.

(B) Any time limits applicable to the filing of an application

for such consideration.

(3) Regulations prescribed by the Secretary of a military

department under this subsection may not take effect until approved

by the Secretary of Defense.

(f) Judicial Review. - (1) A person seeking to challenge an

action or recommendation of a selection board, or an action taken

by the Secretary of the military department concerned on the report

of a selection board, is not entitled to relief in any judicial

proceeding unless the action or recommendation has first been

considered by a special board under this section or the Secretary

concerned has denied the convening of such a board for such

consideration.

(2)(A) A court of the United States may review a determination by

the Secretary of a military department not to convene a special

board in the case of any person. In any such case, the court may

set aside the Secretary's determination only if the court finds the

determination to be -

(i) arbitrary or capricious;

(ii) not based on substantial evidence;

(iii) a result of material error of fact or material

administrative error; or

(iv) otherwise contrary to law.

(B) If a court sets aside a determination by the Secretary of a

military department not to convene a special board, it shall remand

the case to the Secretary concerned, who shall provide for

consideration by a special board.

(3) A court of the United States may review a recommendation of a

special board or an action of the Secretary of the military

department concerned on the report of a special board. In any such

case, a court may set aside the action only if the court finds that

the recommendation or action was -

(A) arbitrary or capricious;

(B) not based on substantial evidence;

(C) a result of material error of fact or material

administrative error; or

(D) otherwise contrary to law.

(4)(A) If, six months after receiving a complete application for

consideration by a special board in any case, the Secretary

concerned has not convened a special board and has not denied

consideration by a special board in that case, the Secretary shall

be deemed for the purposes of this subsection to have denied

consideration of the case by a special board.

(B) If, six months after the convening of a special board in any

case, the Secretary concerned has not taken final action on the

report of the special board, the Secretary shall be deemed for the

purposes of this subsection to have denied relief in such case.

(C) Under regulations prescribed under subsection (e), the

Secretary of a military department may waive the applicability of

subparagraph (A) or (B) in a case if the Secretary determines that

a longer period for consideration of the case is warranted. Such a

waiver may be for an additional period of not more than six

months. The Secretary concerned may not delegate authority to make

a determination under this subparagraph.

(g) Existing Jurisdiction. - Nothing in this section limits -

(1) the jurisdiction of any court of the United States under

any provision of law to determine the validity of any law,

regulation, or policy relating to selection boards; or

(2) the authority of the Secretary of a military department to

correct a military record under section 1552 of this title.

-SOURCE-

(Added Pub. L. 107-107, div. A, title V, Sec. 503(a)(1), Dec. 28,

2001, 115 Stat. 1080.)

-MISC1-

EFFECTIVE DATE

Section applicable with respect to any proceeding pending on or

after Dec. 28, 2001, without regard to whether a challenge to an

action of a selection board of any of the Armed Forces being

considered in the proceeding was initiated before, on, or after

that date, but not applicable with respect to any action commenced

in a court of the United States before Dec. 28, 2001, see section

503(c) of Pub. L. 107-107, set out as an Effective Date of 2001

Amendment note under section 628 of this title.

-CITE-

10 USC Sec. 1559 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 79 - CORRECTION OF MILITARY RECORDS

-HEAD-

Sec. 1559. Personnel limitation

-STATUTE-

(a) Limitation. - During fiscal years 2003, 2004, and 2005, the

Secretary of a military department may not carry out any reduction

in the number of military and civilian personnel assigned to duty

with the service review agency for that military department below

the baseline number for that agency until -

(1) the Secretary submits to Congress a report that -

(A) describes the reduction proposed to be made;

(B) provides the Secretary's rationale for that reduction;

and

(C) specifies the number of such personnel that would be

assigned to duty with that agency after the reduction; and

(2) a period of 90 days has elapsed after the date on which the

report is submitted.

(b) Baseline Number. - The baseline number for a service review

agency under this section is -

(1) for purposes of the first report with respect to a service

review agency under this section, the number of military and

civilian personnel assigned to duty with that agency as of

January 1, 2002; and

(2) for purposes of any subsequent report with respect to a

service review agency under this section, the number of such

personnel specified in the most recent report with respect to

that agency under this section.

(c) Service Review Agency Defined. - In this section, the term

''service review agency'' means -

(1) with respect to the Department of the Army, the Army Review

Boards Agency;

(2) with respect to the Department of the Navy, the Board for

Correction of Naval Records; and

(3) with respect to the Department of the Air Force, the Air

Force Review Boards Agency.

-SOURCE-

(Added Pub. L. 107-314, div. A, title V, Sec. 552(a), Dec. 2,

2002, 116 Stat. 2552.)

-CITE-