PRIA, Government Policy, Made Personal

Summary

The Secretary (or, for Army Transport Service or Naval Transport Service personnel, the Secretary of Defense) must give a certificate of honorable service and update federal service records when the Secretary finds the person did qualified service of the right kind and length. The Secretary must decide on an application within 1 year and must use the same standards as for honorable discharges under section 401(a)(1)(B) of the GI Bill Improvement Act of 1977 (38 U.S.C. 106 note). Any official asked to change records must make the correction.

Title 46, §11203

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(a)Record of Service.—

The Secretary, or in the case of personnel of the Army Transport Service or the Naval Transport Service, the Secretary of Defense, shall, upon application—

(1)issue a certificate of honorable service to an individual who, as determined by that Secretary, engaged in qualified service of a nature and duration that warrants issuance of the certificate; and

(2)correct, or request the appropriate official of the Federal Government to correct, the service records of that individual to the extent necessary to reflect the qualified service and the issuance of the certificate of honorable service.

(b)Timing of Documentation.—

A Secretary receiving an application under subsection (a) shall act on the application not later than 1 year after the date of that receipt.

(c)Standards Relating to Service.—

In making a determination under subsection (a)(1), the Secretary acting on the application shall apply the same standards relating to the nature and duration of service that apply to the issuance of honorable discharges under section 401(a)(1)(B) of the GI Bill Improvement Act of 1977 (38 U.S.C. 106 note).

(d)Correction of Records.—

An official who is requested under subsection (a)(2) to correct the service records of an individual shall make such correction.

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 401(a)(1)(B) of the GI Bill Improvement Act of 1977, referred to in subsec. (c), is section 401(a)(1)(B) of Pub. L. 95–202, which is set out as a note under section 106 of Title 38, Veterans’ Benefits.

Amendments

2021—Pub. L. 116–283, § 8505(b)(13)(A), substituted “an individual” for “a person” in subsecs. (a)(1) and (d). Subsec. (a)(2). Pub. L. 116–283, § 8505(b)(13)(B), substituted “that individual” for “that person”.

§11203 Documentation of Qualified Service