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Title 10, Armed ForcesRelease 119-110

§1553a Review of a Request for Upgrade of Discharge or Dismissal

Title 10 › Subtitle A — General Military Law › PART II — PERSONNEL › CHAPTER 79 — CORRECTION OF MILITARY RECORDS › § 1553a

Last updated Sep 22, 2026|Official source

Summary

Requires the Secretary of Defense to set up a final review process for people who want their military discharge or dismissal changed. If the petitioner asks, the Secretary must look over the decisions made by the boards under sections 1552 and 1553 and can recommend to the military department’s Secretary that the discharge or dismissal be upgraded. "Final review" means the request was denied under sections 1552 and 1553 and the petitioner used all remedies there. "Petitioner" means the member or former member, or if deceased, their surviving spouse, next of kin, or legal representative.

Full Legal Text

Title 10, §1553a

Armed Forces, Source: USLM XML via OLRC

(a)Establishment.—
The Secretary of Defense shall establish a process by which to conduct a final review of a request for an upgrade in the characterization of a discharge or dismissal.
(b)Consideration; Recommendation.—
(1)Upon the request of a petitioner, the Secretary of Defense shall review the findings and decisions of the boards established under section 1552 and 1553 of this title regarding the final review of a request for an upgrade in the characterization of a discharge or dismissal.
(2)The Secretary of Defense may recommend that the Secretary of the military department concerned upgrade the characterization of the discharge or dismissal of the petitioner if the Secretary of Defense determines that such recommendation is appropriate after review under paragraph (1).
(c)Definitions.—
In this section: (1)
(2)The term “petitioner” means a member or former member of the armed forces (or if the member or former member is dead, the surviving spouse, next of kin, or legal representative of the member or former member) whose request for an upgrade to the characterization of a discharge or dismissal was not granted under section 1552 and 1553 of this title.

Legislative History

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Implementation and Reporting Pub. L. 116–92, div. A, title V, § 523(c)–(e), Dec. 20, 2019, 133 Stat. 1355, provided that: “(c) Deadline.—The Secretary of Defense shall implement section 1553a of such title [title 10, United States Code], as added by subsection (a), not later than
January 1, 2021. “(d) Resources.—In establishing and implementing the process under such section 1553a, the Secretary of Defense shall, to the maximum extent practicable, use existing organizations, boards, processes, and personnel of the Department of Defense. “(e) Reporting.—“(1) Report.—Not later than
January 1, 2022, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report regarding the process established under such section 1553a. The report shall include, with respect to considerations under such process since implementation, the following:“(A) The number of requests considered. “(B) The number of upgrades to the characterization of a discharge or dismissal granted pursuant to such process, including the most common reasons for such upgrades. “(C) The number of upgrades to the characterization of a discharge or dismissal declined pursuant to such process, including the most common reasons for such declinations. “(2) Online publication.—On
October 1, 2022, and annually thereafter, the Secretary shall publish the information described in paragraph (1) with regards to the immediately preceding fiscal year on a website of the Department of Defense that is accessible by the public.”

Reference

Citations & Metadata

Citation

10 U.S.C. § 1553a

Title 10, Armed Forces

Last Updated

Sep 22, 2026

Release point: 119-110