10 U.S.C. § 1556: Ex parte communications…

Summary

Each military department must give an applicant copies of all written and summarized verbal communications between the Army, Air Force, or Navy review board (or its staff) and outside people or groups that directly relate to or affect the applicant’s case. There are five exceptions: classified material; information barred by law or regulation; records the applicant already has; purely administrative messages; and military records that the department or another source will provide.

Title 10, §1556

Armed Forces, Source: USLM XML via OLRC

(a)In General.—

The Secretary of each military department shall ensure that an applicant seeking corrective action by the Army Review Boards Agency, the Department of the Air Force Review Boards Agency, or the Board for Correction of Naval Records, as the case may be, is provided a copy of all correspondence and communications (including summaries of verbal communications) to or from the agency or board, or a member of the staff of the agency or board, with an entity or person outside the agency or board that pertain directly to the applicant’s case or have a material effect on the applicant’s case.

(b)Exceptions.—

Subsection (a) does not apply to the following:

(1)Classified information.

(2)Information the release of which is otherwise prohibited by law or regulation.

(3)Any record previously provided to the applicant or known to be possessed by the applicant.

(4)Any correspondence that is purely administrative in nature.

(5)Any military record that is (or may be) provided to the applicant by the Secretary of the military department or other source.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2023—Subsec. (a). Pub. L. 118–31 inserted “the Department of” after “the Army Review Boards Agency,”.

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 105–261, div. A, title V, § 543(b), Oct. 17, 1998, 112 Stat. 2021, provided that: “Section 1556 of title 10, United States Code, as added by subsection (a), shall apply with respect to correspondence and communications made 60 days or more after the date of the enactment of this Act [Oct. 17, 1998].”

§1556 Ex Parte Communications Prohibited