PRIA, Government Policy, Made Personal

Summary

Allows the military department Secretary to fix a person’s records when a specially convened board recommends a correction. If fixed, the correction can take effect back to the date of the original board action that is being changed. Special board — a board the Secretary sets up to re-review whether someone should have been appointed, promoted, retained, separated, retired, or moved to inactive status. Selection board — the regular boards that decide those personnel actions. Involuntarily board-separated — someone separated, retired, or moved to inactive status because a selection board recommended it. If a correction means someone should have stayed on active duty or active reserve status, the Secretary must provide relief. With the person’s consent, they must be returned to the same status, rights, and benefits they would have had (with lawful offsets to back pay). They cannot be kept on active duty past the date they would have left service if they had not been selected for separation. If the person does not agree to restoration, the Secretary must pay back pay and allowances (less offsets) and give service credit from the date they left until the earlier of when they would have been restored or when they would otherwise have left. If a special board recommends no correction, the original action stays final as of its date. Each military department must write rules to carry out these parts, and the Secretary of Defense must approve them. A person cannot go to court over a selection-board action unless a special board has considered the case or the Secretary denied convening one. Courts may review a Secretary’s denial to convene or the Secretary’s action on a special board report and can set aside decisions only for narrow reasons such as being arbitrary, not based on substantial evidence, a material error of fact or procedure, or otherwise contrary to law. If the Secretary hasn’t acted within six months on a complete special-board request or hasn’t acted within six months after a board finishes, the Secretary is treated as having denied relief unless the Secretary delays for up to one additional six-month period. This section does not limit other court authority or the Secretary’s power to correct records under existing law.

Title 10, §1558

Armed Forces, Source: USLM XML via OLRC

(a)Correction of Military Records.—

The Secretary of a military department may correct a person’s military records in accordance with a recommendation made by a special board. Any such correction may be made effective as of the effective date of the action taken on a report of a previous selection board that resulted in the action corrected in the person’s military records.

(b)Definitions.—

In this section: (1) Special board.—

(2)Selection board.—

(A)The term “selection board” means a selection board convened under section 573(c), 580, 580a, 581, 611(b), 637, 638, 638a, 14101(b), 14701, 14701a, 14704, 14705, or 20403 of this title, and any other board convened by the Secretary of a military department under any authority to recommend persons for appointment, enlistment, reenlistment, assignment, promotion, or retention in the armed forces or for separation, retirement, or transfer to inactive status in a reserve component, or the Space Force, for the purpose of reducing the number of persons serving in the armed forces.

(B)Such term does not include any of the following:

(i)A promotion board convened under section 573(a), 611(a), 14101(a), or 20211 of this title.

(ii)A special board.

(iii)A special selection board convened under section 628 of this title.

(iv)A board for the correction of military records convened under section 1552 of this title.

(3)Involuntarily board-separated.—

The term “involuntarily board-separated” means separated or retired from an armed force, or transferred to the Retired Reserve or to inactive status in a reserve component, or the Space Force, as a result of a recommendation of a selection board.

(c)Relief Associated With Correction of Certain Actions.—

(1)The Secretary of the military department concerned shall ensure that an involuntarily board-separated person receives relief under paragraph (2) or under paragraph (3) if the person, as a result of a correction of the person’s military records under subsection (a), becomes entitled to retention on or restoration to active duty or to active status in a reserve component, or the Space Force.

(2)(A)A person referred to in paragraph (1) shall, with that person’s consent, be restored to the same status, rights, and entitlements (less appropriate offsets against back pay and allowances) in that person’s armed force as the person would have had if the person had not been selected to be involuntarily board-separated as a result of an action the record of which is corrected under subsection (a). An action under this subparagraph is subject to subparagraph (B).

(B)Nothing in subparagraph (A) may be construed to permit a person to be on active duty or in an active status in a reserve component, or the Space Force, after the date on which the person would have been separated, retired, or transferred to the Retired Reserve or to inactive status in a reserve component, or the Space Force, if the person had not been selected to be involuntarily board-separated in an action of a selection board the record of which is corrected under subsection (a).

(3)If an involuntarily board-separated person referred to in paragraph (1) does not consent to a restoration of status, rights, and entitlements under paragraph (2), the Secretary concerned shall pay that person back pay and allowances (less appropriate offsets), and shall provide that person service credit, for the period—

(A)beginning on the date of the person’s separation, retirement, or transfer to the Retired Reserve or to inactive status in a reserve component, or the Space Force, as the case may be; and

(B)ending on the earlier of—

(i)the date on which the person would have been so restored under paragraph (2), as determined by the Secretary concerned; or

(ii)the date on which the person would otherwise have been separated, retired, or transferred to the Retired Reserve or to inactive status in a reserve component, or the Space Force, as the case may be.

(d)Finality of Unfavorable Action.—

If a special board makes a recommendation not to correct the military records of a person regarding action taken in the case of that person on the basis of a previous report of a selection board, the action previously taken on that report shall be considered as final as of the date of the action taken on that report.

(e)Regulations.—

(1)The Secretary of each military department shall prescribe regulations to carry out this section. Regulations under this subsection may not apply to subsection (f), other than to paragraph (4)(C) of that subsection.

(2)The Secretary may prescribe in the regulations under paragraph (1) the circumstances under which consideration by a special board may be provided for under this section, including the following:

(A)The circumstances under which consideration of a person’s case by a special board is contingent upon application by or for that person.

(B)Any time limits applicable to the filing of an application for such consideration.

(3)Regulations prescribed by the Secretary of a military department under this subsection may not take effect until approved by the Secretary of Defense.

(f)Judicial Review.—

(1)A person seeking to challenge an action or recommendation of a selection board, or an action taken by the Secretary of the military department concerned on the report of a selection board, is not entitled to relief in any judicial proceeding unless the action or recommendation has first been considered by a special board under this section or the Secretary concerned has denied the convening of such a board for such consideration.

(2)(A)A court of the United States may review a determination by the Secretary of a military department not to convene a special board in the case of any person. In any such case, the court may set aside the Secretary’s determination only if the court finds the determination to be—

(i)arbitrary or capricious;

(ii)not based on substantial evidence;

(iii)a result of material error of fact or material administrative error; or

(iv)otherwise contrary to law.

(B)If a court sets aside a determination by the Secretary of a military department not to convene a special board, it shall remand the case to the Secretary concerned, who shall provide for consideration by a special board.

(3)A court of the United States may review a recommendation of a special board or an action of the Secretary of the military department concerned on the report of a special board. In any such case, a court may set aside the action only if the court finds that the recommendation or action was—

(A)arbitrary or capricious;

(B)not based on substantial evidence;

(C)a result of material error of fact or material administrative error; or

(D)otherwise contrary to law.

(4)(A)If, six months after receiving a complete application for consideration by a special board in any case, the Secretary concerned has not convened a special board and has not denied consideration by a special board in that case, the Secretary shall be deemed for the purposes of this subsection to have denied consideration of the case by a special board.

(B)If, six months after the convening of a special board in any case, the Secretary concerned has not taken final action on the report of the special board, the Secretary shall be deemed for the purposes of this subsection to have denied relief in such case.

(C)Under regulations prescribed under subsection (e), the Secretary of a military department may waive the applicability of subparagraph (A) or (B) in a case if the Secretary determines that a longer period for consideration of the case is warranted. Such a waiver may be for an additional period of not more than six months. The Secretary concerned may not delegate authority to make a determination under this subparagraph.

(g)Existing Jurisdiction.—

Nothing in this section limits—

(1)the jurisdiction of any court of the United States under any provision of law to determine the validity of any law, regulation, or policy relating to selection boards; or

(2)the authority of the Secretary of a military department to correct a military record under section 1552 of this title.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2025—Subsec. (c)(1). Pub. L. 119–60 struck out comma after “Space Force”. 2024—Subsec. (b)(2)(A). Pub. L. 118–159, § 1701(a)(23)(B), substituted “14705” for “14507”. Pub. L. 118–159, § 513(c)(1), inserted “14701a,” after “14701,”. Subsecs. (b)(3), (c)(3)(A), (B)(ii). Pub. L. 118–159, § 1701(a)(23)(A), substituted “Space Force,” for “Space Force,,”. 2023—Pub. L. 118–31, § 1722(j)(1)(A), inserted “, or the Space Force,” after “reserve component” wherever appearing. Subsec. (b)(1)(C). Pub. L. 118–31, § 1722(j)(1)(B)(i), substituted “section 628, 14502, or 20252” for “section 628 or 14502”. Subsec. (b)(2)(A). Pub. L. 118–31, § 1722(j)(1)(B)(ii), substituted “14507, or 20403” for “or 14705”. Subsec. (b)(2)(B)(i). Pub. L. 118–31, § 1722(j)(1)(B)(iii), substituted “14101(a), or 20211” for “or 14101(a)”.

Statutory Notes and Related Subsidiaries

Effective Date

Section applicable with respect to any proceeding pending on or after Dec. 28, 2001, without regard to whether a challenge to an action of a selection board of any of the Armed Forces being considered in the proceeding was initiated before, on, or after that date, but not applicable with respect to any action commenced in a court of the United States before Dec. 28, 2001, see section 503(c) of Pub. L. 107–107, set out as an

Effective Date

of 2001 Amendment note under section 628 of this title.

§1558 Review of Actions of Selection Boards: Correction of Military Records by Special Boards; Judicial Review

Summary

Title 10, §1558

Notes & Related Subsidiaries

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Citations & Metadata