Historical and Revision Notes |
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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, 65 Stat. 655. |
1552(span) | 5:191a(a) (2d and last provisos). | |
| 5:275(a) (2d and last provisos). | |
1552(c) | 5:191a(span), (c). | |
| 5:275(span), (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 (span), 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.
Editorial Notes
References in TextThe 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, 64 Stat. 107, which was classified to chapter 22 (§ 551 et seq.) of Title 50, War and National Defense, and was repealed and reenacted as chapter 47 (§ 801 et seq.) of this title by act Aug. 10, 1956, ch. 1041, § 53, 70A Stat. 641, the first section of which enacted this title.
Amendments2022—Subsecs. (j), (k). Puspan. L. 117–263 added subsec. (j) and redesignated former subsec. (j) as (k).
2021—Subsec. (c)(1). Puspan. L. 116–283 substituted “Marine Corps, Space Force,” for “Marine Corps,”.
2019—Subsec. (a)(4). Puspan. L. 116–92, § 523(span)(2)(A), amended par. (4) generally. Prior to amendment, par. (4) read as follows: “Except when procured by fraud, a correction under this section is final and conclusive on all officers of the United States.”
Subsec. (g). Puspan. L. 116–92, § 521(a), designated existing provisions as par. (1) and added pars. (2) and (3).
2018—Subsec. (j). Puspan. L. 115–232 substituted “chapters 81, 83, 87, 108, 747, 855, 857, 871, and 947” for “chapters 81, 83, 87, 108, 373, 605, 607, 643, and 873”.
2017—Subsec. (h). Puspan. L. 115–91, § 520(a)(2), added subsec. (h). Former subsec. (h) redesignated (i).
Subsec. (i). Puspan. L. 115–91, § 1081(a)(27), substituted “calendar” for “calender” wherever appearing.
Puspan. L. 115–91, § 520(a)(1), redesignated subsec. (h) as (i). Former subsec. (i) redesignated (j).
Subsec. (i)(1). Puspan. L. 115–91, § 521(c)(1)(A), substituted “former member” for “claimant” in two places.
Subsec. (i)(2). Puspan. L. 115–91, § 521(c)(1)(B), substituted “former member” for “claimant”.
Subsec. (i)(3). Puspan. L. 115–91, § 521(c)(1)(C), substituted “former members” for “claimants”.
Subsec. (i)(4). Puspan. L. 115–91, § 521(a), added par. (4).
Subsec. (j). Puspan. L. 115–91, § 520(a)(1), redesignated subsec. (i) as (j).
2016—Subsec. (a)(3). Puspan. L. 114–328, § 534(a), designated existing provisions as subpar. (A) and added subpars. (B) to (D).
Subsec. (a)(5). Puspan. L. 114–328, § 534(span), added par. (5).
Subsecs. (h), (i). Puspan. L. 114–328, § 533(a), added subsec. (h) and redesignated former subsec. (h) as (i).
2015—Subsec. (span). Puspan. L. 114–92 substituted “(or the claimant’s heir or legal representative) or the Secretary concerned” for “or his heir or legal representative”, “discovering” for “he discovers”, and “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” for “However, a board”.
2014—Subsecs. (g), (h). Puspan. L. 113–291 added subsec. (g) and redesignated former subsec. (g) as (h).
2008—Subsec. (c). Puspan. L. 110–417 designated existing provisions as pars. (1) to (3), redesignated former pars. (1) to (3) as subpars. (A) to (C), respectively, of par. (2), and added par. (4).
2002—Subsec. (a)(1). Puspan. L. 107–296 substituted “Secretary of Homeland Security” for “Secretary of Transportation”.
1998—Subsec. (c). Puspan. L. 105–261, § 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). Puspan. L. 105–261, § 545(span), added subsec. (g).
1992—Subsec. (a)(2). Puspan. 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). Puspan. L. 101–189, § 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. (span). Puspan. L. 101–189, § 514(span), substituted “subsection (a)(1)” for “subsection (a)” in two places.
Subsec. (e). Puspan. L. 101–189, § 1621(a)(2), substituted “Secretary of Veterans Affairs” for “Administrator of Veterans’ Affairs”.
1988—Subsec. (span). Puspan. L. 100–456, § 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). Puspan. L. 100–456, § 1233(a)(2), substituted “The Secretary concerned” for “The department concerned”.
1983—Subsec. (f). Puspan. L. 98–209 added subsec. (f).
1980—Subsec. (a). Puspan. L. 96–513 substituted “Secretary of Transportation” for “Secretary of the Treasury”.
1960—Subsec. (f). Puspan. L. 86–533 repealed subsec. (f) which required reports to the Congress every six months with respect to claims paid under this section.
Statutory Notes and Related Subsidiaries
Effective Date of 2018 AmendmentAmendment by Puspan. L. 115–232 effective Fespan. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Puspan. L. 115–232, set out as a note preceding section 3001 of this title.
Effective Date of 2008 AmendmentPuspan. L. 110–417, [div. A], title V, § 592(c), Oct. 14, 2008, 122 Stat. 4475, provided that: “The amendment made by subsection (a) [amending this section] shall apply with respect to any sentence of a court-martial set aside by a Corrections Board on or after October 1, 2007, when the Corrections Board includes an order or recommendation for the payment of a claim for the loss of pay, allowances, compensation, emoluments, or other pecuniary benefits, or for the repayment of a fine or forfeiture, that arose as a result of the conviction. In this subsection, the term ‘Corrections Board’ has the meaning given that term in section 1557 of title 10, United States Code.”
Effective Date of 2002 AmendmentAmendment by Puspan. L. 107–296 effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see section 1704(g) of Puspan. L. 107–296, set out as a note under section 101 of this title.
Effective Date of 1980 AmendmentAmendment by Puspan. L. 96–513 effective Dec. 12, 1980, see section 701(span)(3) of Puspan. L. 96–513, set out as a note under section 101 of this title.
Review of Titling and Indexing Practices of the Army and Certain Other OrganizationsPuspan. L. 117–263, div. A, title V, § 549, Dec. 23, 2022, 136 Stat. 2587, provided that:“(a)Review of Titling an [sic] Indexing Decisions.—Not later than 180 days after the date of the enactment of this Act [Dec. 23, 2022], the Secretary of the Army shall review the case file of each member or former member of the Army, the Army Reserve, or the Army National Guard who was titled or indexed in connection with the Guard Recruiting Assistance Program, the Army Reserve Recruiting Assistance Program, or any related activity to determine the appropriateness of the titling or indexing decision that was made with respect to such member or former member.
“(span)Factors to Be Considered.—In reviewing a titling or indexing decision under subsection (a), the Secretary of the Army shall consider—“(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)Notification and Appeal.—“(1)In general.—Upon the completion of each review under subsection (a), the Secretary of the Army shall notify the member or former member concerned of such review, the disposition of the relevant instance of titling or indexing, and the mechanisms the member or former member may pursue to seek correction, removal, or expungement of that instance of titling or indexing.
“(2)Notification of next of kin.—In a case in which a member or former member required to be notified under paragraph (1) is deceased, the Secretary of the Army shall provide the notice required under such paragraph to the primary next of kin of the member or former member.
“(d)Actions by the Secretary of the Army.—If the Secretary of the Army determines that correction, removal, or expungement of an instance of titling or indexing is appropriate after considering the factors under subsection (span), the Secretary of the Army may request that the name, personally identifying information, and other information relating to the individual to whom the titling or indexing pertains be corrected in, removed from, or expunged from, the following:“(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)Report of Secretary of the Army.—Not later than 180 days after the completion of the review required by subsection (a), the Secretary of the Army shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the results of the review. The report shall include the following:“(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)Secretary of Defense Review and Report.—“(1)Review.—The Secretary of Defense shall conduct a review [of] the titling and indexing practices of the criminal investigative organizations of the Armed Forces. Such review shall include—“(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)Report.—Not later than one year after the date of the enactment of this Act [Dec. 23, 2022], the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the results of the review conducted under paragraph (1).
“(g)Definitions.—In this section:“(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 DatabasesPuspan. L. 116–283, div. A, title V, § 545, Jan. 1, 2021, 134 Stat. 3613, provided that:“(a)Policy and Process Required.—Not later than October 1, 2021, the Secretary of Defense shall establish and maintain a policy and process through which any covered person may request that the person’s name, personally identifying information, and other information pertaining to the person shall, in accordance with subsection (c), be corrected in, or expunged or otherwise removed from, the following:“(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.
“(span)Covered Persons.—For purposes of this section, a covered person is any person whose name was placed or reported, or is maintained—“(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)Elements.—The policy and process required by subsection (a) shall include the following elements:“(1)Basis for correction or expungement.—That the name, personally identifying information, and other information of a covered person shall be corrected in, or expunged or otherwise removed from, a report, item or entry, or record described in paragraphs (1) through (3) of subsection (a) in the following circumstances:“(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)Considerations.—While not dispositive as to the existence of a circumstance or basis set forth in paragraph (1), the following shall be considered in the determination whether such circumstance or basis applies to a covered person for purposes of this section:“(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)Procedures.—The policy and process required by subsection (a) shall include procedures as follows:“(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)Applicability.—The policy and process required to be developed by the Secretary under subsection (a) shall not be subject to the notice and comment rulemaking requirements under section 553 of title 5, United States Code.
“(e)Report.—Not later than October 1, 2021, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the actions taken to carry out this section, including a comprehensive description of the policy and process developed and implemented by the Secretary under subsection (a).”
Correction of Certain Discharge CharacterizationsPuspan. L. 116–92, div. A, title V, § 527, Dec. 20, 2019, 133 Stat. 1356, provided that:“(a)In General.—In accordance with this section, and in a manner that is consistent across the military departments to the greatest extent practicable, the appropriate board shall, at the request of a covered member or the authorized representative of a covered member—“(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).
“(span)Appeal.—A covered member or the authorized representative of that covered member may seek review of a decision by the appropriate board not to change the discharge characterization of that covered member. Such review may be made pursuant to section 1552 of title 10, United States Code, section 1553 of such title, or any other process established by the Secretary of Defense for such purpose.
“(c)Change of Records.—For each covered member whose discharge characterization is changed under subsection (a) or (span), the Secretary of the military department concerned shall issue to the covered member or the authorized representative of the covered member a corrected Certificate of Release or Discharge from Active Duty (DD Form 214), or other like form regularly used by an Armed Force that—“(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)Definitions.—In this section:“(1) The term ‘appropriate board’ means a board for the correction of military or naval records under section 1552 of title 10, United States Code, or a discharge review board under section 1553 of such title, as the case may be.
“(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 BoardsPuspan. L. 115–91, div. A, title V, § 524, Dec. 12, 2017, 131 Stat. 1381, provided that Secretary of Defense may carry out pilot program on use of video teleconferencing technology by certain boards for correction of military records and certain discharge review boards and terminated authority for carrying out program on Dec. 31, 2020.
Training of Members of BoardsPuspan. L. 116–92, div. A, title V, § 525(a), Dec. 20, 2019, 133 Stat. 1356, provided that: “The curriculum of training for members of boards for the correction of military records under section 534(c) of the National Defense Authorization Act for Fiscal Year 2017 [Puspan. L. 114–328] (10 U.S.C. 1552 note) shall include training on each of the following:“(1) Sexual trauma.
“(2) Intimate partner violence.
“(3) Spousal abuse.
“(4) The various responses of individuals to trauma.”
Puspan. L. 114–328, div. A, title V, § 534(c), Dec. 23, 2016, 130 Stat. 2122, as amended by Puspan. L. 115–91, div. A, title V, § 523(a), Dec. 12, 2017, 131 Stat. 1381, provided that:“(1)In general.—Not later than one year after the date of the enactment of this Act [Dec. 23, 2016], each Secretary concerned shall develop and implement a comprehensive training curriculum for members of boards for the correction of military records under the jurisdiction of such Secretary in the duties of such boards under section 1552 of title 10, United States Code. The curriculum shall address all areas of administrative law applicable to the duties of such boards. This curriculum shall also address the proper handling of claims in which a sex-related offense is alleged to have contributed to the original characterization of the discharge or release of the claimant, including guidelines for the consideration of evidence substantiating such allegations in accordance with the requirements of section 1554span(span) of title 10, United States Code, as added by section 522 of the National Defense Authorization Act for Fiscal Year 2018 [Puspan. L. 115–91].
“(2)Uniform curricula.—The Secretary of Defense and the Secretary of Homeland Security shall jointly ensure that the curricula developed and implemented pursuant to this subsection are, to the extent practicable, uniform.
“(3)Training.—“(A)In general.—Each member of a board for the correction of military records shall undergo retraining (consistent with the curriculum developed and implemented pursuant to this subsection) regarding the duties of boards for the correction of military records under section 1552 of title 10, United States Code, at least once every five years during the member’s tenure on the board.
“(B)Current members.—Each member of a board for the correction of military records as of the date of the implementation of the curriculum required by paragraph (1) (in this paragraph referred to as the ‘curriculum implementation date’) shall undergo training described in subparagraph (A) not later than 90 days after the curriculum implementation date.
“(C)New members.—Each individual who becomes a member of a board for the correction of military records after the curriculum implementation date shall undergo training described in subparagraph (A) by not later than 90 days after the date on which such individual becomes a member of the board.
“(4)Reports.—Not later than 18 months after the date of the enactment of this Act [Dec. 23, 2016], each Secretary concerned shall submit to Congress a report setting forth the following:“(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)Secretary concerned defined.—In this subsection, the term ‘Secretary concerned’ means a ‘Secretary concerned’ as that term is used in section 1552 of title 10, United States Code.”
Board for Correction of Military RecordsPuspan. L. 101–225, title II, § 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.”
