
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: 10USC1553]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                           PART II--PERSONNEL
 
               CHAPTER 79--CORRECTION OF MILITARY RECORDS
 
Sec. 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 five 
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 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.
    (b) 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.
    (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 chapter 59 of title 38.

(Added Pub. L. 85-857, Sec. 13(v)(2), Sept. 2, 1958, 72 Stat. 1266; 
amended Pub. L. 87-651, title I, Sec. 110(a), Sept. 7, 1962, 76 Stat. 
509; Pub. L. 98-209, Sec. 11(b), Dec. 6, 1983, 97 Stat. 1407; Pub. L. 
101-189, div. A, title XVI, Sec. 1621(a)(2), Nov. 29, 1989, 103 Stat. 
1603.)


                      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, 
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

    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.

                  Section Referred to in Other Sections

    This section is referred to in section 1034 of this title; title 38 
sections 3462, 5110, 5303; title 42 section 213a.
