
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC1552]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                           PART II--PERSONNEL
 
               CHAPTER 79--CORRECTION OF MILITARY RECORDS
 
Sec. 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 Transportation 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).

(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.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
1552(a)...............................  5:191a(a) (less 2d and last          Au
g. 2, 1946, ch. 753, Sec.  207;
                                         provisos).                           r
estated Oct. 25, 1951, ch. 588,
                                        5:275(a) (less 2d and last            6
5 Stat. 655.
                                         provisos).
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.

                       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.


                               Amendments

    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 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.''

                  Section Referred to in Other Sections

    This section is referred to in sections 1034, 14502 of this title; 
title 14 section 425; title 38 sections 3462, 5110; title 42 section 
213a.
