§1558 — Title 10 Armed Forces | U.S. Code

Summary

The Secretary of a military department can fix a person’s military records if a special board recommends it. Corrections can be made effective back to the date of the original selection board action. A special board is a board the Secretary starts to relook at whether someone should have been appointed, enlisted, promoted, retained, separated, retired, or moved to inactive or reserve status (including the Space Force). A selection board is a board that recommends those kinds of personnel actions. “Involuntarily board-separated” means someone removed, retired, or moved to inactive/reserve because a selection board recommended it. If a record correction means the person should have stayed on active duty or in active reserve status, the Secretary must give the person relief. With the person’s consent, the person must be restored to the same status, rights, and pay they would have had (minus proper offsets), but not kept on beyond when they would have left anyway. If the person does not agree to restoration, the Secretary must pay back pay and allowances (minus proper offsets) and give service credit for the period from separation until the earlier of when they would have been restored or when they would have left anyway. If a special board recommends no change, the original action stays final. The Secretary must write rules for how this works, which the Secretary of Defense must approve. Courts can only hear a challenge to a selection-board action after a special board has considered it or the Secretary has denied convening one. Courts may overturn a Secretary or special-board decision only for specific reasons (for example, arbitrary action, lack of substantial evidence, material error of fact or procedure, or if it breaks the law). If six months pass after a complete application without a board being convened, or six months after a special board without final action, the Secretary is treated as having denied relief; the Secretary may personally extend either deadline by up to six more months. This law does not limit courts from ruling on selection-board rules or the Secretary’s separate record-correction powers.

Title 10, §1558

Armed Forces — Source: USLM XML via OLRC

(a)The Secretary of a military department may correct a person’s military records in accordance with a recommendation made by a special board. Any such correction may be made effective as of the effective date of the action taken on a report of a previous selection board that resulted in the action corrected in the person’s military records.

(b)In this section:

(1)(A)The term “special board” means a board that the Secretary of a military department convenes under any authority to consider whether to recommend a person for appointment, enlistment, reenlistment, assignment, promotion, retention, separation, retirement, or transfer to inactive status in a reserve component, or the Space Force, instead of referring the records of that person for consideration by a previously convened selection board which considered or should have considered that person.

(B)Such term includes a board for the correction of military records convened under section 1552 of this title, if designated as a special board by the Secretary concerned.

(C)Such term does not include a promotion special selection board convened under section 628, 14502, or 20252 of this title.

(2)(A)The term “selection board” means a selection board convened under section 573(c), 580, 580a, 581, 611(b), 637, 638, 638a, 14101(b), 14701, 14701a, 14704, 14705, or 20403 of this title, and any other board convened by the Secretary of a military department under any authority to recommend persons for appointment, enlistment, reenlistment, assignment, promotion, or retention in the armed forces or for separation, retirement, or transfer to inactive status in a reserve component, or the Space Force, for the purpose of reducing the number of persons serving in the armed forces.

(B)Such term does not include any of the following:

(i)A promotion board convened under section 573(a), 611(a), 14101(a), or 20211 of this title.

(ii)A special board.

(iii)A special selection board convened under section 628 of this title.

(iv)A board for the correction of military records convened under section 1552 of this title.

(3)The term “involuntarily board-separated” means separated or retired from an armed force, or transferred to the Retired Reserve or to inactive status in a reserve component, or the Space Force, as a result of a recommendation of a selection board.

(c)(1)The Secretary of the military department concerned shall ensure that an involuntarily board-separated person receives relief under paragraph (2) or under paragraph (3) if the person, as a result of a correction of the person’s military records under subsection (a), becomes entitled to retention on or restoration to active duty or to active status in a reserve component, or the Space Force.

(2)(A)A person referred to in paragraph (1) shall, with that person’s consent, be restored to the same status, rights, and entitlements (less appropriate offsets against back pay and allowances) in that person’s armed force as the person would have had if the person had not been selected to be involuntarily board-separated as a result of an action the record of which is corrected under subsection (a). An action under this subparagraph is subject to subparagraph (B).

(B)Nothing in subparagraph (A) may be construed to permit a person to be on active duty or in an active status in a reserve component, or the Space Force, after the date on which the person would have been separated, retired, or transferred to the Retired Reserve or to inactive status in a reserve component, or the Space Force, if the person had not been selected to be involuntarily board-separated in an action of a selection board the record of which is corrected under subsection (a).

(3)If an involuntarily board-separated person referred to in paragraph (1) does not consent to a restoration of status, rights, and entitlements under paragraph (2), the Secretary concerned shall pay that person back pay and allowances (less appropriate offsets), and shall provide that person service credit, for the period—

(A)beginning on the date of the person’s separation, retirement, or transfer to the Retired Reserve or to inactive status in a reserve component, or the Space Force, as the case may be; and

(B)ending on the earlier of—

(i)the date on which the person would have been so restored under paragraph (2), as determined by the Secretary concerned; or

(ii)the date on which the person would otherwise have been separated, retired, or transferred to the Retired Reserve or to inactive status in a reserve component, or the Space Force, as the case may be.

(d)If a special board makes a recommendation not to correct the military records of a person regarding action taken in the case of that person on the basis of a previous report of a selection board, the action previously taken on that report shall be considered as final as of the date of the action taken on that report.

(e)(1)The Secretary of each military department shall prescribe regulations to carry out this section. Regulations under this subsection may not apply to subsection (f), other than to paragraph (4)(C) of that subsection.

(2)The Secretary may prescribe in the regulations under paragraph (1) the circumstances under which consideration by a special board may be provided for under this section, including the following:

(A)The circumstances under which consideration of a person’s case by a special board is contingent upon application by or for that person.

(B)Any time limits applicable to the filing of an application for such consideration.

(3)Regulations prescribed by the Secretary of a military department under this subsection may not take effect until approved by the Secretary of Defense.

(f)(1)A person seeking to challenge an action or recommendation of a selection board, or an action taken by the Secretary of the military department concerned on the report of a selection board, is not entitled to relief in any judicial proceeding unless the action or recommendation has first been considered by a special board under this section or the Secretary concerned has denied the convening of such a board for such consideration.

(2)(A)A court of the United States may review a determination by the Secretary of a military department not to convene a special board in the case of any person. In any such case, the court may set aside the Secretary’s determination only if the court finds the determination to be—

(i)arbitrary or capricious;

(ii)not based on substantial evidence;

(iii)a result of material error of fact or material administrative error; or

(iv)otherwise contrary to law.

(B)If a court sets aside a determination by the Secretary of a military department not to convene a special board, it shall remand the case to the Secretary concerned, who shall provide for consideration by a special board.

(3)A court of the United States may review a recommendation of a special board or an action of the Secretary of the military department concerned on the report of a special board. In any such case, a court may set aside the action only if the court finds that the recommendation or action was—

(A)arbitrary or capricious;

(B)not based on substantial evidence;

(C)a result of material error of fact or material administrative error; or

(D)otherwise contrary to law.

(4)(A)If, six months after receiving a complete application for consideration by a special board in any case, the Secretary concerned has not convened a special board and has not denied consideration by a special board in that case, the Secretary shall be deemed for the purposes of this subsection to have denied consideration of the case by a special board.

(B)If, six months after the convening of a special board in any case, the Secretary concerned has not taken final action on the report of the special board, the Secretary shall be deemed for the purposes of this subsection to have denied relief in such case.

(C)Under regulations prescribed under subsection (e), the Secretary of a military department may waive the applicability of subparagraph (A) or (B) in a case if the Secretary determines that a longer period for consideration of the case is warranted. Such a waiver may be for an additional period of not more than six months. The Secretary concerned may not delegate authority to make a determination under this subparagraph.

(g)Nothing in this section limits—

(1)the jurisdiction of any court of the United States under any provision of law to determine the validity of any law, regulation, or policy relating to selection boards; or

(2)the authority of the Secretary of a military department to correct a military record under section 1552 of this title.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2025—Subsec. (c)(1). Pub. L. 119–60 struck out comma after “Space Force”. 2024—Subsec. (b)(2)(A). Pub. L. 118–159, § 1701(a)(23)(B), substituted “14705” for “14507”. Pub. L. 118–159, § 513(c)(1), inserted “14701a,” after “14701,”. Subsecs. (b)(3), (c)(3)(A), (B)(ii). Pub. L. 118–159, § 1701(a)(23)(A), substituted “Space Force,” for “Space Force,,”. 2023—Pub. L. 118–31, § 1722(j)(1)(A), inserted “, or the Space Force,” after “reserve component” wherever appearing. Subsec. (b)(1)(C). Pub. L. 118–31, § 1722(j)(1)(B)(i), substituted “section 628, 14502, or 20252” for “section 628 or 14502”. Subsec. (b)(2)(A). Pub. L. 118–31, § 1722(j)(1)(B)(ii), substituted “14507, or 20403” for “or 14705”. Subsec. (b)(2)(B)(i). Pub. L. 118–31, § 1722(j)(1)(B)(iii), substituted “14101(a), or 20211” for “or 14101(a)”.

Statutory Notes and Related Subsidiaries

Effective Date

Section applicable with respect to any proceeding pending on or after Dec. 28, 2001, without regard to whether a challenge to an action of a selection board of any of the Armed Forces being considered in the proceeding was initiated before, on, or after that date, but not applicable with respect to any action commenced in a court of the United States before Dec. 28, 2001, see section 503(c) of Pub. L. 107–107, set out as an

Effective Date

of 2001 Amendment note under section 628 of this title.

§1558 Review of actions of selection boards: correction of military records by special boards; judicial review

Summary

Title 10, §1558

Notes & Related Subsidiaries

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

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