§1554b — Title 10 Armed Forces | U.S. Code

Summary

The Secretaries of each military department must set up a private review process, using that service’s review boards, so a service member who was a victim of a sex-related offense or says they were can ask to change the type or description of their discharge or separation if being a victim affected it. When the board looks at the request, it must consider the person’s physical and mental effects from the offense and decide how those effects might have affected the circumstances of the discharge. Records and decisions from this process must stay private unless the person agrees to release them. “Sex-related offense” means rape or sexual assault under section 920(a) or (b), forcible sodomy under section 925, or an attempt under section 880.

Title 10, §1554b

Armed Forces — Source: USLM XML via OLRC

(a)The Secretaries of the military departments shall each establish a confidential process, utilizing boards of the military department concerned established in accordance with this chapter, by which an individual who was the victim of a sex-related offense, or alleges that the individual was the victim of a sex-related offense, during service in the armed forces may challenge the terms or characterization of the discharge or separation of the individual from the armed forces on the grounds that the terms or characterization were adversely affected by the individual being the victim of a sex-related offense.

(b)In deciding whether to modify the terms or characterization of the discharge or separation from the armed forces of an individual described in subsection (a), the Secretary of the military department concerned shall instruct boards of the military department concerned established in accordance with this chapter—

(1)to give due consideration to the psychological and physical aspects of the individual’s experience in connection with the sex-related offense; and

(2)to determine what bearing such experience may have had on the circumstances surrounding the individual’s discharge or separation from the armed forces.

(c)Documents considered and decisions rendered pursuant to the process required by subsection (a) shall not be made available to the public, except with the consent of the individual concerned.

(d)In this section, the term “sex-related offense” means any of the following:

(1)Rape or sexual assault under subsection (a) or (b) of section 920 of this title (article 120 of the Uniform Code of Military Justice).

(2)Forcible sodomy under section 925 of this title (article 125 of the Uniform Code of Military Justice).

(3)An attempt to commit an offense specified in paragraph (1) or (2) as punishable under section 880 of this title (article 80 of the Uniform Code of Military Justice).

Notes & Related Subsidiaries

Editorial Notes

Codification Text of section, as added by Pub. L. 115–91, is based on text of Pub. L. 113–291, div. A, title V, § 547, Dec. 19, 2014, 128 Stat. 3375, which was formerly set out in a note under section 1553 of this title before being transferred to this chapter and designated as the text of this section.

Amendments

2017—Pub. L. 115–91, § 522(a)(1), inserted section enumerator and catchline and transferred text of section 547 of Pub. L. 113–291 to this section. See Codification note above. Subsec. (a). Pub. L. 115–91, § 522(c)(2), substituted “boards of the military department concerned established in accordance with this chapter” for “boards for the correction of military records of the military department concerned” and “being the victim of a sex-related offense” for “being the victim of such an offense”. Pub. L. 115–91, § 522(c)(1), substituted “armed forces” for “Armed Forces” in two places. Pub. L. 115–91, § 522(b), substituted “who was the victim of a sex-related offense, or alleges that the individual was the victim of a sex-related offense,” for “who was the victim of a sex-related offense”. Subsec. (b). Pub. L. 115–91, § 522(c)(3), substituted “boards of the military department concerned established in accordance with this chapter” for “boards for the correction of military records” in introductory provisions. Pub. L. 115–91, § 522(c)(1), substituted “armed forces” for “Armed Forces” in two places. Subsec. (d)(1). Pub. L. 115–91, § 522(c)(4)(B), substituted “this title” for “title 10, United States Code”. Subsec. (d)(2), (3). Pub. L. 115–91, § 522(c)(4)(C), substituted “this title” for “such title”.

§1554b Confidential Review of Characterization of Terms of Discharge of Members of the Armed Forces Who Are Victims of Sex-related Offenses

Summary

Title 10, §1554b

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata