CHAPTER 79 —CORRECTION OF MILITARY RECORDS
Editorial Notes
Amendments
2019—
2017—
2008—
2002—
2001—
1998—
1962—
1958—
§1551. Correction of name after separation from service under an assumed name
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, Marine Corps, or Space Force 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.
(Aug. 10, 1956, ch. 1041,
| 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, |
| Aug. 22, 1912, ch. 329, |
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".
Editorial Notes
Amendments
2021—
Statutory Notes and Related Subsidiaries
Personnel Freeze for Service Review Agencies
§1552. Correction of military records: claims incident thereto
(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)(A) 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.
(B) If a board makes a preliminary determination that a claim under this section lacks sufficient information or documents to support the claim, the board shall notify the claimant, in writing, indicating the specific information or documents necessary to make the claim complete and reviewable by the board.
(C) If a claimant is unable to provide military personnel or medical records applicable to a claim under this section, the board shall make reasonable efforts to obtain the records. A claimant shall provide the board with documentary evidence of the efforts of the claimant to obtain such records. The board shall inform the claimant of the results of the board's efforts, and shall provide the claimant copies of any records so obtained upon request of the claimant.
(D) Any request for reconsideration of a determination of a board under this section, no matter when filed, shall be reconsidered by a board under this section if supported by materials not previously presented to or considered by the board in making such determination.
(4)(A) Subject to subparagraph (B), a correction under this section is final and conclusive on all officers of the United States except when procured by fraud.
(B) If a board established under this section does not grant a request for an upgrade to the characterization of a discharge or dismissal, that declination may be considered under
(5) Each final decision of a board under this subsection shall be made available to the public in electronic form on a centralized Internet website. In any decision so made available to the public there shall be redacted all personally identifiable information.
(b) No correction may be made under subsection (a)(1) unless the claimant (or the claimant's heir or legal representative) or the Secretary concerned files a request for the correction within three years after discovering the error or injustice. The Secretary concerned may file a request for correction of a military record only if the request is made on behalf of a group of members or former members of the armed forces who were similarly harmed by the same error or injustice. 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)(1) 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, Space Force, or Coast Guard, as the case may be, or on account of his or another's service as a civilian employee.
(2) 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—
(A) to the surviving spouse, heir, or beneficiaries, in the order prescribed by the law applicable to that kind of payment;
(B) if there is no such law covering order of payment, in the order set forth in
(C) as otherwise prescribed by the law applicable to that kind of payment.
(3) 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.
(4) If the correction of military records under this section involves setting aside a conviction by court-martial, the payment of a claim under this subsection in connection with the correction of the records shall include interest at a rate to be determined by the Secretary concerned, unless the Secretary determines that the payment of interest is inappropriate under the circumstances. If the payment of the claim is to include interest, the interest shall be calculated on an annual basis, and compounded, using the amount of the lost pay, allowances, compensation, emoluments, or other pecuniary benefits involved, and the amount of any fine or forfeiture paid, beginning from the date of the conviction through the date on which the payment is made.
(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
(1) correction of a record to reflect actions taken by reviewing authorities under
(2) action on the sentence of a court-martial for purposes of clemency.
(g)(1) Any medical advisory opinion issued to a board established under subsection (a)(1) with respect to a member or former member of the armed forces who was diagnosed while serving in the armed forces as experiencing a mental health disorder shall include the opinion of a clinical psychologist or psychiatrist if the request for correction of records concerned relates to a mental health disorder.
(2) If a board established under subsection (a)(1) is reviewing a claim described in subsection (h), the board shall seek advice and counsel in the review from a psychiatrist, psychologist, or social worker with training on mental health issues associated with post-traumatic stress disorder or traumatic brain injury or other trauma as specified in the current edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association.
(3) If a board established under subsection (a)(1) is reviewing a claim in which sexual trauma, intimate partner violence, or spousal abuse is claimed, the board shall seek advice and counsel in the review from an expert in trauma specific to sexual assault, intimate partner violence, or spousal abuse, as applicable.
(h)(1) This subsection applies to a former member of the armed forces whose claim under this section for review of a discharge or dismissal is based in whole or in part on matters relating to post-traumatic stress disorder or traumatic brain injury as supporting rationale, or as justification for priority consideration, and whose post-traumatic stress disorder or traumatic brain injury is related to combat or military sexual trauma, as determined by the Secretary concerned.
(2) In the case of a claimant described in paragraph (1), a board established under subsection (a)(1) shall—
(A) review medical evidence of the Secretary of Veterans Affairs or a civilian health care provider that is presented by the claimant; and
(B) review the claim with liberal consideration to the claimant that post-traumatic stress disorder or traumatic brain injury potentially contributed to the circumstances resulting in the discharge or dismissal or to the original characterization of the claimant's discharge or dismissal.
(i) Each board established under this section shall make available to the public each calendar quarter, on an Internet website of the military department concerned or the Department of Homeland Security, as applicable, that is available to the public the following:
(1) The number of claims considered by such board during the calendar quarter preceding the calendar quarter in which such information is made available, including cases in which a mental health condition of the former member, including post-traumatic stress disorder or traumatic brain injury, is alleged to have contributed, whether in whole or part, to the original characterization of the discharge or release of the former member.
(2) The number of claims submitted during the calendar quarter preceding the calendar quarter in which such information is made available that relate to service by a former member during a war or contingency operation, catalogued by each war or contingency operation.
(3) The number of military records corrected pursuant to the consideration described in paragraph (1) to upgrade the characterization of discharge or release of former members.
(4) The number and disposition of claims decided during the calendar quarter preceding the calendar quarter in which such information is made available in which sexual assault is alleged to have contributed, whether in whole or in part, to the original characterization of the discharge or release of the former member.
(j) For a recommendation to award or upgrade a military decoration or award submitted pursuant to
(k) 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, 747, 855, 857, 871, and 947 of this title).
(Aug. 10, 1956, ch. 1041,
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 1552(a) | 5:191a(a) (less 2d and last provisos). 5:275(a) (less 2d and last provisos). |
Aug. 2, 1946, ch. 753, §207; restated Oct. 25, 1951, ch. 588, |
| 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
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.
Editorial Notes
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, §1,
Amendments
2022—Subsecs. (j), (k).
2021—Subsec. (c)(1).
2019—Subsec. (a)(4).
Subsec. (g).
2018—Subsec. (j).
2017—Subsec. (h).
Subsec. (i).
Subsec. (i)(1).
Subsec. (i)(2).
Subsec. (i)(3).
Subsec. (i)(4).
Subsec. (j).
2016—Subsec. (a)(3).
Subsec. (a)(5).
Subsecs. (h), (i).
2015—Subsec. (b).
2014—Subsecs. (g), (h).
2008—Subsec. (c).
2002—Subsec. (a)(1).
1998—Subsec. (c).
Subsec. (g).
1992—Subsec. (a)(2).
1989—Subsec. (a).
Subsec. (b).
Subsec. (e).
1988—Subsec. (b).
Subsec. (c).
1983—Subsec. (f).
1980—Subsec. (a).
1960—Subsec. (f).
Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment
Amendment by
Effective Date of 2008 Amendment
Effective Date of 2002 Amendment
Amendment by
Effective Date of 1980 Amendment
Amendment by
Review of Titling and Indexing Practices of the Army and Certain Other Organizations
"(a)
"(b)
"(1) the likelihood that the member or former member to whom the decision pertains will face future criminal prosecution or other adverse action on the basis of the facts in the record at the time of the review;
"(2) the appropriate evidentiary standard to apply to the review of the decision; and
"(3) such other circumstances or factors as the Secretary determines are in the interest of equity and fairness.
"(c)
"(1)
"(2)
"(d)
"(1) A law enforcement or criminal investigative report of the Department of Defense or any component of the Department.
"(2) An index item or entry in the Department of Defense Central Index of Investigations (DCII).
"(3) Any other record maintained in connection with a report described in paragraph (1), or an index item or entry described in paragraph (2), in any system of records, records database, records center, or repository maintained by or on behalf of the Department, including entries in the Federal Bureau of Investigation's Interstate Identification Index or any successor system.
"(e)
"(1) The total number of instances of titling and indexing reviewed under such subsection.
"(2) The number of cases in which action was taken to correct, remove, or expunge an instance of titling or indexing.
"(3) The number of members and former members who remain titled after the conclusion of the review.
"(4) The number of members and former members who remain indexed after the conclusion of the review.
"(5) A brief description of the reasons the members and former members counted under paragraphs (3) and (4) remain titled or indexed.
"(6) Such other matters as the Secretary determines appropriate.
"(f)
"(1)
"(A) an assessment of the practices of titling and indexing and the continued relevance of such practices to the operation of such criminal investigative organizations;
"(B) an evaluation of the suitability of the evidentiary requirements and related practices for titling and indexing in effect at the time of the review; and
"(C) the development of recommendations, as appropriate, to improve the consistency, accuracy, and utility of the titling and indexing processes across such criminal investigative organizations.
"(2)
"(g)
"(1) The term 'titling' means the practice of identifying an individual as the subject of a criminal investigation [in] the records of a military criminal investigative organization and storing such information in a database or other records system.
"(2) The term 'indexing' means the practice of submitting an individual's name or other personally identifiable information to the Federal Bureau of Investigation's Interstate Identification Index, or any successor system."
Removal of Personally Identifying and Other Information of Certain Persons From Investigative Reports, the Department of Defense Central Index of Investigations, and Other Records and Databases
"(a)
"(1) A law enforcement or criminal investigative report of the Department of Defense or any component of the Department.
"(2) An index item or entry in the Department of Defense Central Index of Investigations (DCII).
"(3) Any other record maintained in connection with a report described in paragraph (1), or an index item or entry described in paragraph (2), in any system of records, records database, records center, or repository maintained by or on behalf of the Department.
"(b)
"(1) in the subject or title block of a law enforcement or criminal investigative report of the Department of Defense (or any component of the Department);
"(2) as an item or entry in the Department of Defense Central Index of Investigations; or
"(3) in any other record maintained in connection with a report described in paragraph (1), or an index item or entry described in paragraph (2), in any system of records, records database, records center, or repository maintained by or on behalf of the Department.
"(c)
"(1)
"(A) Probable cause did not or does not exist to believe that the offense for which the person's name was placed or reported, or is maintained, in such report, item or entry, or record occurred, or insufficient evidence existed or exists to determine whether or not such offense occurred.
"(B) Probable cause did not or does not exist to believe that the person actually committed the offense for which the person's name was so placed or reported, or is so maintained, or insufficient evidence existed or exists to determine whether or not the person actually committed such offense.
"(C) Such other circumstances, or on such other bases, as the Secretary may specify in establishing the policy and process, which circumstances and bases may not be inconsistent with the circumstances and bases provided by subparagraphs (A) and (B).
"(2)
"(A) The extent or lack of corroborating evidence against the covered person concerned with respect to the offense at issue.
"(B) Whether adverse administrative, disciplinary, judicial, or other such action was initiated against the covered person for the offense at issue.
"(C) The type, nature, and outcome of any action described in subparagraph (B) against the covered person.
"(3)
"(A) Procedures under which a covered person may appeal a determination of the applicable component of the Department of Defense denying, whether in whole or in part, a request for purposes of subsection (a).
"(B) Procedures under which the applicable component of the Department will correct, expunge or remove, take other appropriate action on, or assist a covered person in so doing, any record maintained by a person, organization, or entity outside of the Department to which such component provided, submitted, or transmitted information about the covered person, which information has or will be corrected in, or expunged or removed from, Department records pursuant to this section.
"(C) The timeline pursuant to which the Department, or a component of the Department, as applicable, will respond to each of the following:
"(i) A request pursuant to subsection (a).
"(ii) An appeal under the procedures required by subparagraph (A).
"(iii) A request for assistance under the procedures required by subparagraph (B).
"(D) Mechanisms through which the Department will keep a covered person apprised of the progress of the Department on a covered person's request or appeal as described in subparagraph (C).
"(d)
"(e)
Correction of Certain Discharge Characterizations
"(a)
"(1) review the discharge characterization of that covered member; and
"(2) change the discharge characterization of that covered member to honorable if the appropriate board determines such change to be appropriate after review under paragraph (1).
"(b)
"(c)
"(1) reflects the upgraded discharge characterization of the covered member; and
"(2) does not reflect the sexual orientation of the covered member or the original stated reason for the discharge or dismissal of that covered member.
"(d)
"(1) The term 'appropriate board' means a board for the correction of military or naval records under
"(2) The term 'authorized representative' means an heir or legal representative of a covered member.
"(3) The term 'covered member' means any former member of the Armed Forces who was discharged from the Armed Forces because of the sexual orientation of that member.
"(4) The term 'discharge characterization' means the characterization assigned to the service of a covered member on the discharge or dismissal of that covered member from service in the Armed Forces."
Pilot Program on Use of Video Teleconferencing Technology by Boards for the Correction of Military Records and Discharge Review Boards
Training of Members of Boards
"(1) Sexual trauma.
"(2) Intimate partner violence.
"(3) Spousal abuse.
"(4) The various responses of individuals to trauma."
"(1)
"(2)
"(3)
"(A)
"(B)
"(C)
"(4)
"(A) A description and assessment of the progress made by such Secretary in implementing training requirements for members of boards for the correction of military records under the jurisdiction of such Secretary.
"(B) A detailed description of the training curriculum required of such Secretary by paragraph (1).
"(C) A description and assessment of any impediments to the implementation of training requirements for members of boards for the correction of military records under the jurisdiction of such Secretary.
"(5)
Board for Correction of Military Records
"(1) amend part 52 of title 33, Code of Federal Regulations, governing the proceedings of the board established by the Secretary under
"(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."
§1553. Review of discharge or dismissal
(a) The Secretary concerned shall, after consulting the Secretary of Veterans Affairs, establish a board of review, consisting of not fewer than three 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
(b)(1) 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.
(2) If a board established under this section does not grant a request for an upgrade to the characterization of a discharge or dismissal, that declination may be considered under section 1552 or
(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
(d)(1)(A) In the case of a former member of the armed forces who, while serving on active duty as a member of the armed forces, was deployed in support of a contingency operation and who, at any time after such deployment, was diagnosed by a physician, clinical psychologist, or psychiatrist as experiencing post-traumatic stress disorder or traumatic brain injury as a consequence of that deployment, a board established under this section to review the former member's discharge or dismissal shall include a member who is a clinical psychologist or psychiatrist, or a physician with training on mental health issues connected with post traumatic stress disorder or traumatic brain injury (as applicable).
(B) In the case of a former member described in paragraph (3)(B) who claims that the former member's post-traumatic stress disorder or traumatic brain injury as described in that paragraph is based in whole or in part on sexual trauma, intimate partner violence, or spousal abuse, a board established under this section to review the former member's discharge or dismissal shall seek advice and counsel in the review from a psychiatrist, psychologist, or social worker with training on mental health issues associated with post-traumatic stress disorder or traumatic brain injury or other trauma as specified in the current edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association.
(2) In the case of a former member described in paragraph (1) or a former member whose application for relief is based in whole or in part on matters relating to post-traumatic stress disorder or traumatic brain injury as supporting rationale or as justification for priority consideration, the Secretary concerned shall expedite a final decision and shall accord such cases sufficient priority to achieve an expedited resolution. In determining the priority of cases, the Secretary concerned shall weigh the medical and humanitarian circumstances of all cases and accord higher priority to cases not involving post-traumatic stress disorder or traumatic brain injury only when the individual cases are considered more compelling.
(3)(A) In addition to the requirements of paragraphs (1) and (2), in the case of a former member described in subparagraph (B), the Board shall—
(i) review medical evidence of the Secretary of Veterans Affairs or a civilian health care provider that is presented by the former member; and
(ii) review the case with liberal consideration to the former member that post-traumatic stress disorder or traumatic brain injury potentially contributed to the circumstances resulting in the discharge or dismissal or to the original characterization of the member's discharge or dismissal.
(B) A former member described in this subparagraph is a former member described in paragraph (1) or a former member whose application for relief is based in whole or in part on matters relating to post-traumatic stress disorder or traumatic brain injury as supporting rationale, or as justification for priority consideration, whose post-traumatic stress disorder or traumatic brain injury is related to combat or military sexual trauma, as determined by the Secretary concerned.
(e) In the case of a former member of the armed forces (other than a former member covered by subsection (d)) who was diagnosed while serving in the armed forces as experiencing a mental health disorder, a board established under this section to review the former member's discharge or dismissal shall include a member who is a clinical psychologist or psychiatrist, or a physician with special training on mental health disorders.
(f) Each board established under this section shall make available to the public each calendar quarter, on an Internet website of the military department concerned or the Department of Homeland Security, as applicable, that is available to the public the following:
(1) The number of motions or requests for review considered by such board during the calendar quarter preceding the calendar quarter in which such information is made available, including cases in which a mental health condition of the former member, including post-traumatic stress disorder or traumatic brain injury, is alleged to have contributed, whether in whole or part, to the original characterization of the discharge or dismissal of the former member.
(2) The number of claims submitted during the calendar quarter preceding the calendar quarter in which such information is made available that relate to service by a former member during a war or contingency operation, catalogued by each war or contingency operation.
(3) The number of discharges or dismissals corrected pursuant to the consideration described in paragraph (1) to upgrade the characterization of discharge or dismissal of former members.
(4) The number and disposition of claims decided during the calendar quarter preceding the calendar quarter in which such information is made available in which sexual assault is alleged to have contributed, whether in whole or in part, to the original characterization of the discharge or release of the former member.
(Added
Historical and Revision Notes
Sections 1553 and 1554 are restated, without substantive change, to conform to the style adopted for title 10.
Editorial Notes
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, §1,
Amendments
2021—Subsec. (d)(1)(B).
2019—Subsec. (a).
Subsec. (b).
Subsec. (d)(1).
2017—Subsec. (d)(3)(A)(ii).
Subsec. (f).
Subsec. (f)(2).
Subsec. (f)(4).
2016—Subsec. (d)(3).
Subsec. (f).
2014—Subsec. (d)(1).
Subsec. (e).
2009—Subsec. (d).
1989—Subsecs. (a), (c).
1983—Subsec. (a).
1962—
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Jan. 1, 1959, see section 2 of
Reviews of Characterization of Administrative Discharges of Certain Members on the Basis of Failure To Receive COVID-19 Vaccine
"(a)
"(b)
Discharge Review Boards
"(1)
"(A) Sexual trauma.
"(B) Intimate partner violence.
"(C) Spousal abuse.
"(D) The various responses of individuals to trauma.
"(2)
"(3)
Confidential Review of Characterization of Terms of Discharge of Members of the Armed Forces Who Are Victims of Sexual Offenses
§1553a. Review of a request for upgrade of discharge or dismissal
(a)
(b)
(2) The Secretary of Defense may recommend that the Secretary of the military department concerned upgrade the characterization of the discharge or dismissal of the petitioner if the Secretary of Defense determines that such recommendation is appropriate after review under paragraph (1).
(c)
(1) The term "final review of a request for an upgrade in the characterization of a discharge or dismissal" means a request by a petitioner for an upgrade to the characterization of a discharge or dismissal—
(A) that was not granted under
(B) regarding which the Secretary of Defense determines the petitioner has exhausted all remedies available to the petitioner under
(2) The term "petitioner" means a member or former member of the armed forces (or if the member or former member is dead, the surviving spouse, next of kin, or legal representative of the member or former member) whose request for an upgrade to the characterization of a discharge or dismissal was not granted under
(Added
Statutory Notes and Related Subsidiaries
Implementation and Reporting
"(c)
"(d)
"(e)
"(1)
"(A) The number of requests considered.
"(B) The number of upgrades to the characterization of a discharge or dismissal granted pursuant to such process, including the most common reasons for such upgrades.
"(C) The number of upgrades to the characterization of a discharge or dismissal declined pursuant to such process, including the most common reasons for such declinations.
"(2)
§1554. Review of retirement or separation without pay for physical disability
(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 a member or former member of the uniformed services 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 the member's 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
(Added
Historical and Revision Notes
Sections 1553 and 1554 are restated, without substantive change, to conform to the style adopted for title 10.
Editorial Notes
Amendments
2011—Subsec. (a).
1989—Subsec. (c).
1962—
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Jan. 1, 1959, see section 2 of
Executive Documents
Transfer of Functions
For transfer of functions of Public Health Service, see note set out under
§1554a. Review of separation with disability rating of 20 percent disabled or less
(a)
(2) The Physical Disability Board of Review shall consist of not less than three members appointed by the Secretary.
(b)
(1) are separated from the armed forces due to unfitness for duty due to a medical condition with a disability rating of 20 percent disabled or less; and
(2) are found to be not eligible for retirement.
(c)
(2) The review by the Physical Disability Board of Review under paragraph (1) shall be based on the records of the armed force concerned and such other evidence as may be presented to the Physical Disability Board of Review. A witness may present evidence to the Board by affidavit or by any other means considered acceptable by the Secretary of Defense.
(3) If the Physical Disability Board of Review proposes to review, upon its own motion, the findings and decisions of the Physical Evaluation Board with respect to a covered individual, the Physical Disability Board of Review shall notify the covered individual, or a surviving spouse, next of kin, or legal representative of the covered individual, of the proposed review and obtain the consent of the covered individual or a surviving spouse, next of kin, or legal representative of the covered individual before proceeding with the review.
(4) With respect to any review by the Physical Disability Board of Review of the findings and decisions of the Physical Evaluation Board with respect to a covered individual, whether initiated at the request of the covered individual or a surviving spouse, next of kin, or legal representative of the covered individual or initiated by the Physical Disability Board of Review, the Physical Disability Board of Review shall notify the covered individual or a surviving spouse, next of kin, or legal representative of the covered individual that, as a result of the request or consent, the covered individual or a surviving spouse, next of kin, or legal representative of the covered individual may not seek relief from the Board for Correction of Military Records operated by the Secretary concerned.
(d)
(1) No recharacterization of the separation of such individual or modification of the disability rating previously assigned such individual.
(2) The recharacterization of the separation of such individual to retirement for disability.
(3) The modification of the disability rating previously assigned such individual by the Physical Evaluation Board concerned, which modified disability rating may not be a reduction of the disability rating previously assigned such individual by that Physical Evaluation Board.
(4) The issuance of a new disability rating for such individual.
(e)
(2) In the case of a member previously separated pursuant to the findings and decision of a Physical Evaluation Board together with a lump-sum or other payment of back pay and allowances at separation, the amount of pay or other monetary benefits to which such member would be entitled based on the member's military record as corrected shall be reduced to take into account receipt of such lump-sum or other payment in such manner as the Secretary of Defense considers appropriate.
(3) If the Physical Disability Board of Review makes a recommendation not to correct the military records of a covered individual, the action taken on the report of the Physical Evaluation Board to which such recommendation relates shall be treated as final as of the date of such action.
(f) Regulations.—(1) This section shall be carried out in accordance with regulations prescribed by the Secretary of Defense.
(2) The regulations under paragraph (1) shall specify reasonable deadlines for the performance of reviews required by this section.
(3) The regulations under paragraph (1) shall specify the effect of a determination or pending determination of a Physical Evaluation Board on considerations by boards for correction of military records under
(g)
(2) If the Secretary sunsets the Physical Disability Board of Review under paragraph (1), the Secretary shall transfer any remaining requests for review pending at that time, and shall assign any new requests for review under this section, to a board for the correction of military records operated by the Secretary concerned under
(3) Subsection (c)(4) shall not apply with respect to any review conducted by a board for the correction of military records under paragraph (2).
(Added
Editorial Notes
References in Text
The date of the enactment of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021, referred to in subsec. (g)(1), is the date of enactment of
Amendments
2021—Subsec. (g).
Subsec. (g)(2).
Statutory Notes and Related Subsidiaries
Implementation
§1554b. Confidential review of characterization of terms of discharge of members of the armed forces who are victims of sex-related offenses
(a)
(b)
(1) to give due consideration to the psychological and physical aspects of the individual's experience in connection with the sex-related offense; and
(2) to determine what bearing such experience may have had on the circumstances surrounding the individual's discharge or separation from the armed forces.
(c)
(d)
(1) Rape or sexual assault under subsection (a) or (b) of
(2) Forcible sodomy under
(3) An attempt to commit an offense specified in paragraph (1) or (2) as punishable under
(Added and amended
Editorial Notes
Codification
Text of section, as added by
Amendments
2017—
Subsec. (a).
Subsec. (b).
Subsec. (d)(1).
Subsec. (d)(2), (3).
§1555. Professional staff
(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 Department of the Air Force Review Boards Agency.
(Added
Editorial Notes
Amendments
2023—Subsec. (c)(3).
1999—Subsec. (c)(2).
Statutory Notes and Related Subsidiaries
Effective Date
§1556. Ex parte communications prohibited
(a)
(b)
(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.
(Added
Editorial Notes
Amendments
2023—Subsec. (a).
Statutory Notes and Related Subsidiaries
Effective Date
§1557. Timeliness standards for disposition of applications before Corrections Boards
(a)
| For applications received during—
| The percentage on which final Correction Board action 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)
(c)
(d)
(e)
(f)
(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 Department of the Air Force Board for Correction of Military Records.
(Added
Editorial Notes
Amendments
2023—Subsec. (f)(3).
2004—Subsec. (b).
1999—Subsec. (e).
Statutory Notes and Related Subsidiaries
Termination of Reporting Requirements
For termination, effective Dec. 31, 2021, of provisions in subsec. (e) of this section requiring submittal of report to Congress, see section 1061 of
§1558. Review of actions of selection boards: correction of military records by special boards; judicial review
(a)
(b)
(1)
(B) Such term includes a board for the correction of military records convened under
(C) Such term does not include a promotion special selection board convened under
(2)
(B) Such term does not include any of the following:
(i) A promotion board convened under
(ii) A special board.
(iii) A special selection board convened under
(iv) A board for the correction of military records convened under
(3)
(c)
(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, or the Space Force, 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, or the Space Force, 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, or the Space Force,,2 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, or the Space Force,,2 as the case may be.
(d)
(e)
(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)
(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)
(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
(Added
Editorial Notes
Amendments
2023—
Subsec. (b)(1)(C).
Subsec. (b)(2)(A).
Subsec. (b)(2)(B)(i).
Statutory Notes and Related Subsidiaries
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
1 So in original. Probably should be "14705,". See 2023 Amendment note below.
§1559. Personnel limitation
(a)
(b)
(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)
(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 Department of the the 1 Air Force Review Boards Agency.
(Added
Editorial Notes
Amendments
2023—Subsec. (c)(3).
2019—Subsec. (a).
"(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."
2016—Subsec. (a).
2013—Subsec. (a).
2011—Subsec. (a).
2008—Subsec. (a).
2004—Subsec. (a).