Title 10 — Armed ForcesRelease 119-73
§673 Consideration of application for permanent change of station or unit transfer for members on active duty who are the victim of a sexual assault or related offense
Title 10 › Subtitle Subtitle A— - General Military Law › Part PART II— - PERSONNEL › Chapter CHAPTER 39— - ACTIVE DUTY › § 673
Summary
The military must quickly decide requests from active-duty members who were victims of sexual assault or related crimes (covered by Articles 120, 120c, or 130 of the UCMJ) to change duty station or transfer units so the victim faces less chance of retaliation. The military secretary must write rules under Defense Department guidance. A member’s commanding officer must approve or deny the request within five calendar days. If denied, the member can ask the first general or flag officer in the chain of command to review, and that review must be finished within five calendar days of the request.
Full Legal Text
Title 10, §673
Armed Forces — Source: USLM XML via OLRC
(a)The Secretary concerned shall provide for timely determination and action on an application for consideration of a change of station or unit transfer submitted by a member of the armed forces serving on active duty who was a victim of a sexual assault or other offense covered by section 920, 920c, or 930 of this title (article 120, 120c, or 130 of the Uniform Code of Military Justice) so as to reduce the possibility of retaliation against the member for reporting the sexual assault or other offense.
(b)The Secretary concerned shall issue regulations to carry out this section, within guidelines provided by the Secretary of Defense. These guidelines shall provide that the application submitted by a member described in subsection (a) for a change of station or unit transfer must be approved or disapproved by the member’s commanding officer within five calendar days of the submission of the application. Additionally, if the application is disapproved by the commanding officer, the member shall be given the opportunity to request review by the first general officer or flag officer in the chain of command of the member, and that decision must be made within five calendar days of submission of the request for review.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
Prior Provisions
A prior section 673 was renumbered section 12302 of this title.
Amendments
2021—Subsec. (b). Pub. L. 116–283 substituted “five calendar days” for “72 hours” in two places. 2017—Subsec. (a). Pub. L. 115–91 substituted “920c, or 930” for “920a, or 920c” and “120c, or 130” for “120a, or 120c”. 2013—Subsec. (a). Pub. L. 113–66, § 1091(a)(8), inserted “of the Uniform Code of Military Justice” after “120c”. Subsec. (b). Pub. L. 113–66, § 1712, substituted “The Secretary concerned” for “The Secretaries of the military departments”.
Statutory Notes and Related Subsidiaries
Effective Date
of 2021 Amendment Pub. L. 116–283, div. A, title V, § 531(b), Jan. 1, 2021, 134 Stat. 3601, provided that: “The
Amendments
made by subsection (a) [amending this section] shall take effect on the date of the enactment of this Act [Jan. 1, 2021], and shall apply to decisions on applications for permanent change of station or unit transfer made under section 673 of title 10, United States Code, on or after that date.”
Effective Date
of 2017 AmendmentAmendment by Pub. L. 115–91 effective immediately after the
Amendments
made by div. E (§§ 5001–5542) of Pub. L. 114–328 take effect as provided for in section 5542 of that Act (10 U.S.C. 801 note) [
Amendments
effective Jan. 1, 2019], see section 1081(c)(4) of Pub. L. 115–91, set out as a note under section 801 of this title. Standardization of Policies Related to Expedited Transfer in Cases of Sexual Assault or Domestic Violence Pub. L. 115–232, div. A, title V, § 536, Aug. 13, 2018, 132 Stat. 1761, provided that: “(a) Policies for Members.—The Secretary of Defense shall modify, in accordance with section 673 of title 10, United States Code, all policies that the Secretary determines necessary to establish a standardized expedited transfer process for a member of the Army, Navy, Air Force, or Marine Corps who is the alleged victim of—“(1) sexual assault (regardless of whether the case is handled under the Sexual Assault Prevention and Response Program or Family Advocacy Program); or “(2) physical domestic violence (as defined by the Secretary in
Regulations
prescribed under this section) committed by the spouse or intimate partner of the member, regardless of whether the spouse or intimate partner is a member of the Armed Forces. “(b) Policy for Dependents of Members.—The Secretary of Defense shall establish a policy to allow the transfer of a member of the Army, Navy, Air Force, or Marine Corps whose dependent is the victim of sexual assault perpetrated by a member of the Armed Forces who is not related to the victim.”
Reference
Citations & Metadata
Citation
10 U.S.C. § 673
Title 10 — Armed Forces
Last Updated
Apr 6, 2026
Release point: 119-73