PRIA, Government Policy, Made Personal

Summary

Corrections Boards must finish a set share of the applications they get within 10 months. For applications received in fiscal years 2001–2002, the target is 50%; 2003–2004 is 60%; 2005–2007 is 70%; 2008–2010 is 80%; and for any fiscal year after 2010 it is 90%. These 10‑month targets do not apply to cases handled by simple administrative correction. Every application (except those fixed administratively) must get final action within 18 months. The Secretary of the military department can remove a single application from these time limits if it needs more review, and only that Secretary may make that decision. Missing the time goals does not give an applicant any advantage. If a board misses the goals in a fiscal year, the Secretary must send a report by June 1 to the House and Senate Armed Services Committees saying why, what fixes were started, and how many waivers were given. “Corrections Board” means the Army Board for Correction of Military Records, the Board for Correction of Naval Records, and the Department of the Air Force Board for Correction of Military Records.

Title 10, §1557

Armed Forces, Source: USLM XML via OLRC

(a)Ten-Month Clearance Percentage.—

Of the applications received by a Corrections Board during a period specified in the following table, the percentage on which final action by the Corrections Board must be completed within 10 months of receipt (other than for those applications considered suitable for administrative correction) is as follows:

For applications received during

| The percentage on which final Correction Board action must be completed within 10 months of receipt is—

the period of fiscal years 2001 and 2002 | 50

the period of fiscal years 2003 and 2004 | 60

the period of fiscal years 2005, 2006, and 2007 | 70

the period of fiscal years 2008, 2009, and 2010 | 80

the period of any fiscal year after fiscal year 2010 | 90.

(b)Clearance Deadline for All Applications.—

Final action by a Corrections Board on all applications received by the Corrections Board (other than those applications considered suitable for administrative correction) shall be completed within 18 months of receipt.

(c)Waiver Authority.—

The Secretary of the military department concerned may exclude an individual application from the timeliness standards prescribed in subsections (a) and (b) if the Secretary determines that the application warrants a longer period of consideration. The authority of the Secretary of a military department under this subsection may not be delegated.

(d)Failure To Meet Timeliness Standards Not To Affect Any Individual Application.—

Failure of a Corrections Board to meet the applicable timeliness standard for any period of time under subsection (a) or (b) does not confer any presumption or advantage with respect to consideration by the board of any application.

(e)Reports on Failure To Meet Timeliness Standards.—

The Secretary of the military department concerned shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report not later than June 1 following any fiscal year during which the Corrections Board of that Secretary’s military department was unable to meet the applicable timeliness standard for that fiscal year under subsections (a) and (b). The report shall specify the reasons why the standard could not be met and the corrective actions initiated to ensure compliance in the future. The report shall also specify the number of waivers granted under subsection (c) during that fiscal year.

(f)Corrections Board Defined.—

In this section, the term “Corrections Board” means—

(1)with respect to the Department of the Army, the Army Board for Correction of Military Records;

(2)with respect to the Department of the Navy, the Board for Correction of Naval Records; and

(3)with respect to the Department of the Air Force, the Department of the Air Force Board for Correction of Military Records.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2023—Subsec. (f)(3). Pub. L. 118–31 inserted “the Department of” after “Air Force,”. 2004—Subsec. (b). Pub. L. 108–375 substituted “Final” for “Effective October 1, 2002, final”. 1999—Subsec. (e). Pub. L. 106–65 substituted “and the Committee on Armed Services” for “and the Committee on National Security”.

Statutory Notes and Related Subsidiaries

Termination of Reporting RequirementsFor termination, effective Dec. 31, 2021, of provisions in subsec. (e) of this section requiring submittal of report to Congress, see section 1061 of Pub. L. 114–328, set out as a note under section 111 of this title.

§1557 Timeliness Standards for Disposition of Applications Before Corrections Boards