Historical and Revision Notes

Sections 1553 and 1554 are restated, without substantive change, to conform to the style adopted for title 10.

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 of Title 50, War and National Defense, and was repealed and reenacted as chapter 47 (§ 801 et seq.)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). Pub. L. 116–283 substituted “is based” for “in based”.

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

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

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

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

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

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

Subsec. (f)(4). Pub. L. 115–91, § 521(b), added par. (4).

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

Subsec. (f). Pub. L. 114–328, § 533(b), added subsec. (f).

2014—Subsec. (d)(1). Pub. L. 113–291, § 521(b)(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). Pub. L. 113–291, § 521(b)(2), added subsec. (e).

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

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.

Discharge Review Boards

Pub. L. 116–92, div. A, title V, § 525(b), 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

Pub. 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 Pub. L. 115–91, div. A, title V, § 522(a)(3), Dec. 12, 2017, 131 Stat. 1380. See section 1554b of this title.