§1557 — Title 10 Armed Forces | U.S. Code

Summary

Corrections Boards must finish a set percentage of the applications they get during certain fiscal-year periods within 10 months, except for cases handled by quick administrative fixes. In any case, the boards must finish all final decisions within 18 months of getting an application. The military department Secretary can take a single application out of those time limits if it needs more study, and that power cannot be given to someone else. If a board misses the time targets, that does not give the applicant any special advantage. If a board misses the targets in a fiscal year, the department Secretary must send a report by June 1 to the Senate and House Armed Services Committees saying why, what fixes were started, and how many waivers were used. “Corrections Board” means the Army Board for Correction of Military Records (Army), the Board for Correction of Naval Records (Navy), and the Department of the Air Force Board for Correction of Military Records (Air Force).

Title 10, §1557

Armed Forces — Source: USLM XML via OLRC

(a)Of the applications received by a Corrections Board during a period specified in the following table, the percentage on which final action by the Corrections Board must be completed within 10 months of receipt (other than for those applications considered suitable for administrative correction) is as follows: For applications received during— The percentage on which final Correction Board action must be completed within 10 months ofreceipt is— the period of fiscal years 2001 and 200250 the period of fiscal years 2003 and 200460 the period of fiscal years 2005, 2006, and 200770 the period of fiscal years 2008, 2009, and 201080 the period of any fiscal year after fiscal year 201090.

(b)Final action by a Corrections Board on all applications received by the Corrections Board (other than those applications considered suitable for administrative correction) shall be completed within 18 months of receipt.

(c)The Secretary of the military department concerned may exclude an individual application from the timeliness standards prescribed in subsections (a) and (b) if the Secretary determines that the application warrants a longer period of consideration. The authority of the Secretary of a military department under this subsection may not be delegated.

(d)Failure of a Corrections Board to meet the applicable timeliness standard for any period of time under subsection (a) or (b) does not confer any presumption or advantage with respect to consideration by the board of any application.

(e)The Secretary of the military department concerned shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report not later than June 1 following any fiscal year during which the Corrections Board of that Secretary’s military department was unable to meet the applicable timeliness standard for that fiscal year under subsections (a) and (b). The report shall specify the reasons why the standard could not be met and the corrective actions initiated to ensure compliance in the future. The report shall also specify the number of waivers granted under subsection (c) during that fiscal year.

(f)In this section, the term “Corrections Board” means—

(1)with respect to the Department of the Army, the Army Board for Correction of Military Records;

(2)with respect to the Department of the Navy, the Board for Correction of Naval Records; and

(3)with respect to the Department of the Air Force, the Department of the Air Force Board for Correction of Military Records.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2023—Subsec. (f)(3). Pub. L. 118–31 inserted “the Department of” after “Air Force,”. 2004—Subsec. (b). Pub. L. 108–375 substituted “Final” for “Effective October 1, 2002, final”. 1999—Subsec. (e). Pub. L. 106–65 substituted “and the Committee on Armed Services” for “and the Committee on National Security”.

Statutory Notes and Related Subsidiaries

Termination of Reporting RequirementsFor termination, effective Dec. 31, 2021, of provisions in subsec. (e) of this section requiring submittal of report to Congress, see section 1061 of Pub. L. 114–328, set out as a note under section 111 of this title.

§1557 Timeliness standards for disposition of applications before Corrections Boards