§1222 — Title 10 Armed Forces | U.S. Code

Summary

Military department heads must make sure that when a physical evaluation board (PEB) issues a decision, the decision notice clearly lists the board’s findings and conclusions and specifically addresses every issue the service member raised. That clear, itemized explanation must be given both the first time the board reviews a case and again if the case is reviewed later, such as on appeal. The Secretary of Defense must write rules that require each department to provide a PEB liaison officer to help and advise members, and must set training standards for those officers. The Secretary of Defense must also set rules about PEB staff, how boards operate, and how quickly they must decide. The Secretary of Defense must check that departments and boards follow these rules at least once every three years.

Title 10, §1222

Armed Forces — Source: USLM XML via OLRC

(a)The Secretary of each military department shall ensure, in the case of any member of the armed forces appearing before a physical evaluation board under that Secretary’s supervision, that documents announcing a decision of the board in the case convey the findings and conclusions of the board in an orderly and itemized fashion with specific attention to each issue presented by the member in regard to that member’s case. The requirement under the preceding sentence applies to a case both during initial consideration and upon subsequent consideration due to appeal by the member or other circumstance.

(b)(1)The Secretary of Defense shall prescribe regulations establishing—

(A)a requirement for the Secretary of each military department to make available to members of the armed forces appearing before physical evaluation boards operated by that Secretary employees, designated as physical evaluation board liaison officers, to provide advice, counsel, and general information to such members on the operation of physical evaluation boards operated by that Secretary; and

(B)standards and guidelines concerning the training of such physical evaluation board liaison officers.

(2)The Secretary shall ensure compliance by the Secretary of each military department with physical evaluation board liaison officer requirements and training standards and guidelines at least once every three years.

(c)(1)The Secretary of Defense shall prescribe regulations on standards and guidelines concerning the physical evaluation board operated by each of the Secretaries of the military departments with regard to—

(A)assignment and training of staff;

(B)operating procedures; and

(C)timeliness of board decisions.

(2)The Secretary shall ensure compliance with standards and guidelines prescribed under paragraph (1) by each physical evaluation board at least once every three years.

Notes & Related Subsidiaries

Editorial Notes

Effective Date

Pub. L. 109–364, div. A, title V, § 597(b), Oct. 17, 2006, 120 Stat. 2237, provided that: “Section 1222 of title 10, United States Code, as added by subsection (a), shall apply with respect to decisions rendered on cases commenced more than 120 days after the date of the enactment of this Act [Oct. 17, 2006].”

Statutory Notes and Related Subsidiaries

Quality Review of Medical Evaluation Boards, Physical Evaluation Boards, and Physical Evaluation Board Liaison Officers Pub. L. 112–239, div. A, title V, § 524, Jan. 2, 2013, 126 Stat. 1723, as amended by Pub. L. 115–232, div. A, title VIII, § 813(f), Aug. 13, 2018, 132 Stat. 1851, provided that: “(a) In General.—The Secretary of Defense shall standardize, assess, and monitor the quality assurance programs of the military departments to evaluate the following in the performance of their duties (including duties under chapter 61 of title 10, United States Code):“(1) Medical Evaluation Boards. “(2) Physical Evaluation Boards. “(3) Physical Evaluation Board Liaison Officers. “(b) Objectives.—The objectives of the quality assurance program shall be as follows:“(1) To ensure accuracy and consistency in the determinations and decisions of Medical Evaluation Boards and Physical Evaluation Boards. “(2) To otherwise monitor and sustain proper performance of the duties of Medical Evaluation Boards and Physical Evaluation Boards, and of Physical Evaluation Board Liaison Officers. “(3) Such other objectives as the Secretary shall specify for purposes of the quality assurance program.” [(c) Repealed. Pub. L. 115–232, div. A, title VIII, § 813(f), Aug. 13, 2018, 132 Stat. 1851.]

§1222 Physical evaluation boards