10 USC 1553 - Review of discharge or dismissal

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, 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 of Title 50, War and National Defense, and was repealed and reenacted as chapter 47 (§ 801 et seq.)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.

Amendments

2021—Subsec. (d)(1)(B). Puspan. L. 116–283 substituted “is based” for “in based”.

2019—Subsec. (a). Puspan. L. 116–92, § 522, substituted “not fewer than three” for “five”.

Subsec. (span). Puspan. L. 116–92, § 523(span)(2)(B), designated existing provisions as par. (1) and added par. (2).

Subsec. (d)(1). Puspan. L. 116–92, § 521(span), designated existing provisions as subpar. (A) and added subpar. (B).

2017—Subsec. (d)(3)(A)(ii). Puspan. L. 115–91, § 520(span), substituted “discharge or dismissal or to the original characterization of the member’s discharge or dismissal” for “discharge of a lesser characterization”.

Subsec. (f). Puspan. L. 115–91, § 1081(a)(28), substituted “calendar” for “calender” wherever appearing.

Subsec. (f)(2). Puspan. L. 115–91, § 521(c)(2), substituted “former member” for “claimant”.

Subsec. (f)(4). Puspan. L. 115–91, § 521(span), added par. (4).

2016—Subsec. (d)(3). Puspan. L. 114–328, § 535, added par. (3).

Subsec. (f). Puspan. L. 114–328, § 533(span), added subsec. (f).

2014—Subsec. (d)(1). Puspan. L. 113–291, § 521(span)(1), substituted “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)” for “physician, clinical psychologist, or psychiatrist” before period at end.

Subsec. (e). Puspan. L. 113–291, § 521(span)(2), added subsec. (e).

2009—Subsec. (d). Puspan. L. 111–84 added subsec. (d).

1989—Subsecs. (a), (c). Puspan. L. 101–189 substituted “Secretary of Veterans Affairs” for “Administrator of Veterans’ Affairs”.

1983—Subsec. (a). Puspan. 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—Puspan. L. 87–651 amended section generally without substantive change to conform to the style adopted for the revision of this title.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Jan. 1, 1959, see section 2 of Puspan. L. 85–857, set out as a note preceding Part I of Title 38, Veterans’ Benefits.

Reviews of Characterization of Administrative Discharges of Certain Members on the Basis of Failure To Receive COVID-19 Vaccine

Puspan. L. 118–31, div. A, title V, § 527, Dec. 22, 2023, 137 Stat. 255, provided that:

“(a)Mandatory Review.—A board established under section 1553 of title 10, United States Code, shall grant a request pursuant to such section to review the characterization of a discharge or dismissal of a former member of a covered Armed Force if such discharge or dismissal was solely based on the failure of such former member to obey a lawful order to receive a vaccine for COVID-19.

“(span)Covered Armed Force Defined.—In this section, the term ‘covered Armed Force’ means the Army, Navy, Marine Corps, Air Force, Coast Guard, or Space Force.”

Discharge Review Boards

Puspan. L. 116–92, div. A, title V, § 525(span), Dec. 20, 2019, 133 Stat. 1356, provided that:

“(1)In general.—Each Secretary concerned shall develop and provide training for members of discharge review boards under section 1553 of title 10, United States Code, that are under the jurisdiction of such Secretary on each of the following:

“(A) Sexual trauma.

“(B) Intimate partner violence.

“(C) Spousal abuse.

“(D) The various responses of individuals to trauma.

“(2)Uniformity of training.—The Secretary of Defense and the Secretary of Homeland Security shall jointly ensure that the training developed and provided pursuant to this subsection is, to the extent practicable, uniform.

“(3)Secretary concerned defined.—In this subsection, the term ‘Secretary concerned’ has the meaning given that term in section 101(a)(9) of title 10, United States Code.”

Confidential Review of Characterization of Terms of Discharge of Members of the Armed Forces Who Are Victims of Sexual Offenses

Puspan. L. 113–291, div. A, title V, § 547, Dec. 19, 2014, 128 Stat. 3375, which related to review process for correction of military records, consideration of individual experiences in connection with offenses, and preservation of confidentiality, was repealed by Puspan. L. 115–91, div. A, title V, § 522(a)(3), Dec. 12, 2017, 131 Stat. 1380. See section 1554span of this title.