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10 U.S.C. § 1553 — Review of discharge or dismissal
Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Secretary concerned shall, after consulting the Secretary of Veterans Affairs, establish a board of review, consisting of not fewer than three members, to review the discharge or dismissal (other than a discharge or dismissal by sentence of a general court-martial) of any former member of an armed force under the jurisdiction of his department upon its own motion or upon the request of the former member or, if he is dead, his surviving spouse, next of kin, or legal representative. A motion or request for review must be made within 15 years after the date of the discharge or dismissal. With respect to a discharge or dismissal adjudged by a court-martial case tried or reviewed under chapter 47 of this title (or under the Uniform Code of Military Justice (Public Law 506 of the 81st Congress)), action under this subsection may extend only to a change in the discharge or dismissal or issuance of a new discharge for purposes of clemency.
**(b)**
(1) A board established under this section may, subject to review by the Secretary concerned, change a discharge or dismissal, or issue a new discharge, to reflect its findings.
(2) If a board established under this section does not grant a request for an upgrade to the characterization of a discharge or dismissal, that declination may be considered under section 1552 or [section 1553a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1553a&num=0&edition=prelim), as applicable.
**(c)** A review by a board established under this section shall be based on the records of the armed forces concerned and such other evidence as may be presented to the board. A witness may present evidence to the board in person or by affidavit. A person who requests a review under this section may appe
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Source file: Laws/federal/codes/united-states-code/title-10/section-1553-review-of-discharge-or-dismissal--a261f6aac0.md
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Source location: Title 10, Chapter 79, § 1553; chapter-079-correction-of-military-records.md
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**(a)** The Secretary concerned shall, after consulting the Secretary of Veterans Affairs, establish a board of review, consisting of not fewer than three members, to review the discharge or dismissal (other than a discharge or dismissal by sentence of a general court-martial) of any former member of an armed force under the jurisdiction of his department upon its own motion or upon the request of the former member or, if he is dead, his surviving spouse, next of kin, or legal representative. A motion or request for review must be made within 15 years after the date of the discharge or dismissal. With respect to a discharge or dismissal adjudged by a court-martial case tried or reviewed under chapter 47 of this title (or under the Uniform Code of Military Justice (Public Law 506 of the 81st Congress)), action under this subsection may extend only to a change in the discharge or dismissal or issuance of a new discharge for purposes of clemency.
**(b)**
(1) A board established under this section may, subject to review by the Secretary concerned, change a discharge or dismissal, or issue a new discharge, to reflect its findings.
(2) If a board established under this section does not grant a request for an upgrade to the characterization of a discharge or dismissal, that declination may be considered under section 1552 or [section 1553a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1553a&num=0&edition=prelim), as applicable.
**(c)** A review by a board established under this section shall be based on the records of the armed forces concerned and such other evidence as may be presented to the board. A witness may present evidence to the board in person or by affidavit. A person who requests a review under this section may appear before the board in person or by counsel or an accredited representative of an organization recognized by the Secretary of Veterans Affairs under chapter 59 of title 38.
**(d)**
(1)
(A) In the case of a former member of the armed forces who, while serving on active duty as a member of the armed forces, was deployed in support of a contingency operation and who, at any time after such deployment, was diagnosed by a physician, clinical psychologist, or psychiatrist as experiencing post-traumatic stress disorder or traumatic brain injury as a consequence of that deployment, a board established under this section to review the former member’s discharge or dismissal shall include a member who is a clinical psychologist or psychiatrist, or a physician with training on mental health issues connected with post traumatic stress disorder or traumatic brain injury (as applicable).
(B) In the case of a former member described in paragraph (3)(B) who claims that the former member’s post-traumatic stress disorder or traumatic brain injury as described in that paragraph is based in whole or in part on sexual trauma, intimate partner violence, or spousal abuse, a board established under this section to review the former member’s discharge or dismissal shall seek advice and counsel in the review from a psychiatrist, psychologist, or social worker with training on mental health issues associated with post-traumatic stress disorder or traumatic brain injury or other trauma as specified in the current edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association.
(2) In the case of a former member described in paragraph (1) or a former member whose application for relief is based in whole or in part on matters relating to post-traumatic stress disorder or traumatic brain injury as supporting rationale or as justification for priority consideration, the Secretary concerned shall expedite a final decision and shall accord such cases sufficient priority to achieve an expedited resolution. In determining the priority of cases, the Secretary concerned shall weigh the medical and humanitarian circumstances of all cases and accord higher priority to cases not involving post-traumatic stress disorder or traumatic brain injury only when the individual cases are considered more compelling.
(3)
(A) In addition to the requirements of paragraphs (1) and (2), in the case of a former member described in subparagraph (B), the Board shall—
(i) review medical evidence of the Secretary of Veterans Affairs or a civilian health care provider that is presented by the former member; and
(ii) review the case with liberal consideration to the former member that post-traumatic stress disorder or traumatic brain injury potentially contributed to the circumstances resulting in the discharge or dismissal or to the original characterization of the member’s discharge or dismissal.
(B) A former member described in this subparagraph is a former member described in paragraph (1) or a former member whose application for relief is based in whole or in part on matters relating to post-traumatic stress disorder or traumatic brain injury as supporting rationale, or as justification for priority consideration, whose post-traumatic stress disorder or traumatic brain injury is related to combat or military sexual trauma, as determined by the Secretary concerned.
**(e)** In the case of a former member of the armed forces (other than a former member covered by subsection (d)) who was diagnosed while serving in the armed forces as experiencing a mental health disorder, a board established under this section to review the former member’s discharge or dismissal shall include a member who is a clinical psychologist or psychiatrist, or a physician with special training on mental health disorders.
**(f)** Each board established under this section shall make available to the public each calendar quarter, on an Internet website of the military department concerned or the Department of Homeland Security, as applicable, that is available to the public the following:
(1) The number of motions or requests for review considered by such board during the calendar quarter preceding the calendar quarter in which such information is made available, including cases in which a mental health condition of the former member, including post-traumatic stress disorder or traumatic brain injury, is alleged to have contributed, whether in whole or part, to the original characterization of the discharge or dismissal of the former member.
(2) The number of claims submitted during the calendar quarter preceding the calendar quarter in which such information is made available that relate to service by a former member during a war or contingency operation, catalogued by each war or contingency operation.
(3) The number of discharges or dismissals corrected pursuant to the consideration described in paragraph (1) to upgrade the characterization of discharge or dismissal of former members.
(4) The number and disposition of claims decided during the calendar quarter preceding the calendar quarter in which such information is made available in which sexual assault is alleged to have contributed, whether in whole or in part, to the original characterization of the discharge or release of the former member.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment.—** The Secretary of Defense shall establish a process by which to conduct a final review of a request for an upgrade in the characterization of a discharge or dismissal.
**(b) Consideration; Recommendation.—**
(1) Upon the request of a petitioner, the Secretary of Defense shall review the findings and decisions of the boards established under sections 1552 and 1553 of this title regarding the final review of a request for an upgrade in the characterization of a discharge or dismissal.
(2) The Secretary of Defense may recommend that the Secretary of the military department concerned upgrade the characterization of the discharge or dismissal of the petitioner if the Secretary of Defense determines that such recommendation is appropriate after review under paragraph (1).
**(c) Definitions.—** In this section:
(1) The term “final review of a request for an upgrade in the characterization of a discharge or dismissal” means a request by a petitioner for an upgrade to the characterization of a discharge or dismissal—
(A) that was not granted under sections 1552 and 1553 of this title; and
(B) regarding which the Secretary of Defense determines the petitioner has exhausted all remedies available to the petitioner under sections 1552 and 1553 of this title.
(2) The term “petitioner” means a member or former member of the armed forces (or if the member or former member is dead, the surviving spouse, next of kin, or legal representative of the member or former member) whose request for an upgrade to the characterization of a discharge or dismissal was not granted under sections 1552 and 1553 of this title.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Confidential Review Process Through Boards for Correction of Military Records.—** 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) Consideration of Individual Experiences in Connection With Offenses.—** 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) Preservation of Confidentiality.—** 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) Sex-related Offense Defined.—** In this section, the term “sex-related offense” means any of the following:
(1) Rape or sexual assault under subsection (a)
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1554b
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Downgrade.—**
(1) **In general.—** — The decision to conduct a case review under this section shall be at the discretion of the Secretary of the department in which the Coast Guard is operating.
(2) **Board of review.—** — In addition to the requirements of [section 1553 of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1553&num=0&edition=prelim), a board of review for a former member of the Coast Guard established pursuant to such section and under part 51 of title 33, Code of Federal Regulations (as in effect on the date of enactment of the Coast Guard Authorization Act of 2025), may upon a motion of the board and subject to review by the Secretary of the department in which the Coast Guard is operating, downgrade an honorable discharge to a general (under honorable conditions) discharge upon a finding that a former member of the Coast Guard, while serving on active duty as a member of the armed forces, committed sexual assault or sexual harassment in violation of section 920, 920b, or 934 of title 10 (article 120, 120b, or 134 of the Uniform Code of Military Justice).
(3) **Evidence.—** — Any downgrade under paragraph (2) shall be supported by clear and convincing evidence.
(4) **Limitation.—** — The review board under paragraph (2) may not downgrade a discharge of a former member of the Coast Guard if the same action described in paragraph (2) was considered prior to separation from active duty by an administrative board in determining the characterization of discharge as otherwise provided by law and in accordance with regulations prescribed by the Secretary of the department in which the Coast Guard is operating.
**(b) Procedural Rights.—**
(1) **In general.—** — A review by a board established under [section 1553
Source: Supplied U.S. Code snapshot — release unconfirmed · 14 U.S.C. § 2534
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Grants.—** Subject to the availability of appropriations provided for such purpose, the Secretary shall award grants to eligible entities that provide legal services to homeless veterans and veterans at risk for homelessness.
**(b) Criteria.—**
(1) The Secretary shall—
(A) establish criteria and requirements for grants under this section, including criteria for entities eligible to receive such grants; and
(B) publish such criteria and requirements in the Federal Register.
(2) In establishing criteria and requirements under paragraph (1), the Secretary shall—
(A) take into consideration any criteria and requirements needed with respect to carrying out this section in rural communities, on trust lands, and in the territories and possessions of the United States; and
(B) consult with organizations that have experience in providing services to homeless veterans, including—
(i) veterans service organizations;
(ii) the Equal Justice Works AmeriCorps Veterans Legal Corps; and
(iii) such other organizations as the Secretary determines appropriate.
**(c) Eligible Entities.—** The Secretary may award a grant under this section to an entity applying for such a grant only if the applicant for the grant—
(1) is a public or nonprofit private entity with the capacity (as determined by the Secretary) to effectively administer a grant under this section;
(2) demonstrates that adequate financial support will be available to carry out the services for which the grant is sought consistent with the application;
(3) agrees to meet the applicable criteria and requirements established under subsection (b)(1); and
(4) has, as determined by the Secretary, demonstrated the capacity to meet such criteria and requirements.
**(d) Use of Funds.—** Grants und
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Delimiting Period for Completion.—**
(1) Subject to paragraph (4) of this subsection, no educational assistance shall be afforded an eligible veteran under this chapter beyond the date 10 years after the veteran’s last discharge or release from active duty after January 31, 1955; except that, in the case of any eligible veteran who was prevented from initiating or completing such veteran’s chosen program of education within such time period because of a physical or mental disability which was not the result of such veteran’s own willful misconduct, such veteran shall, upon application made within one year after (A) the last date of the delimiting period otherwise applicable under this section, (B) the termination of the period of such mental or physical disability, or (C) October 1, 1980, whichever is the latest, be granted an extension of the applicable delimiting period for such length of time as the Secretary determines, from the evidence, that such veteran was so prevented from initiating or completing such program of education. When an extension of the applicable delimiting period is granted a veteran under the preceding sentence, the delimiting period with respect to such veteran will again begin running on the first day following such veteran’s recovery from such disability on which it is reasonably feasible, as determined in accordance with regulations which the Secretary shall prescribe, for such veteran to initiate or resume pursuit of a program of education with educational assistance under this chapter.
(2) Repealed. Pub. L. 108–183, title III, § 306(d), Dec. 16, 2003, 117 Stat. 2661.]
(3) Repealed. Pub. L. 107–14, § 8(a)(5), June 5, 2001, 115 Stat. 34.]
(4) For purposes of paragraph (1) of this subsection, a veteran’s last discharge or release fro
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 3462
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) Unless specifically provided otherwise in this chapter, the effective date of an award based on an initial claim, or a supplemental claim, of compensation, dependency and indemnity compensation, or pension, shall be fixed in accordance with the facts found, but shall not be earlier than the date of receipt of application therefor.
(2) For purposes of determining the effective date of an award under this section, the date of application shall be considered the date of the filing of the initial application for a benefit if the claim is continuously pursued by filing any of the following, either alone or in succession:
(A) A request for higher-level review under [section 5104B of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section5104b&num=0&edition=prelim) on or before the date that is one year after the date on which the agency of original jurisdiction issues a decision.
(B) A supplemental claim under [section 5108 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section5108&num=0&edition=prelim) on or before the date that is one year after the date on which the agency of original jurisdiction issues a decision.
(C) A notice of disagreement on or before the date that is one year after the date on which the agency of original jurisdiction issues a decision.
(D) A supplemental claim under [section 5108 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section5108&num=0&edition=prelim) on or before the date that is one year after the date on which the Board of Veterans’ Appeals issues a decision.
(E) A supplemental claim under [section 5108 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section5108&num=0&
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The discharge or dismissal by reason of the sentence of a general court-martial of any person from the Armed Forces, or the discharge of any such person on the ground that such person was a conscientious objector who refused to perform military duty or refused to wear the uniform or otherwise to comply with lawful orders of competent military authority, or as a deserter, or on the basis of an absence without authority from active duty for a continuous period of at least one hundred and eighty days if such person was discharged under conditions other than honorable unless such person demonstrates to the satisfaction of the Secretary that there are compelling circumstances to warrant such prolonged unauthorized absence, or of an officer by the acceptance of such officer’s resignation for the good of the service, or (except as provided in subsection (c)) the discharge of any individual during a period of hostilities as an alien, shall bar all rights of such person under laws administered by the Secretary based upon the period of service from which discharged or dismissed, notwithstanding any action subsequent to the date of such discharge by a board established pursuant to [section 1553 of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1553&num=0&edition=prelim).
**(b)** Notwithstanding subsection (a), if it is established to the satisfaction of the Secretary that, at the time of the commission of an offense leading to a person’s court-martial, discharge, or resignation, that person was insane, such person shall not be precluded from benefits under laws administered by the Secretary based upon the period of service from which such person was separated.
**(c)** Subsection (a) shall not apply to any alien whose service was hon
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Federal law — U.S. Code and appendices · legal_authorities
Page 1442
TITLE 10—ARMED FORCES
§ 1553
for members of boards for the correction of military
records under section 534(c) of the National Defense Au-
thorization Act for Fiscal Year 2017 [Pub. L. 114–328] (10
U.S.C. 1552 note) shall include training on each of the
following:
‘‘(1) Sexual trauma.
‘‘(2) Intimate partner violence.
‘‘(3) Spousal abuse.
‘‘(4) The various responses of individuals to trau-
ma.’’
Pub. L. 114–328, div. A, title V, § 534(c), Dec. 23, 2016,
130 Stat. 2122, as amended by Pub. L. 115–91, div. A, title
V, § 523(a), Dec. 12, 2017, 131 Stat. 1381, provided that:
‘‘(1) IN GENERAL.—Not later than one year after the
date of the enactment of this Act [Dec. 23, 2016], each
Secretary concerned shall develop and implement a
comprehensive training curriculum for members of
boards for the correction of military records under the
jurisdiction of such Secretary in the duties of such
boards under section 1552 of title 10, United States
Code. The curriculum shall address all areas of admin-
istrative law applicable to the duties of such boards.
This curriculum shall also address the proper handling
of claims in which a sex-related offense is alleged to
have contributed to the original characterization of the
discharge or release of the claimant, including guide-
lines for the consideration of evidence substantiating
such allegations in accordance with the requirements
of section 1554b(b) of title 10, United States Code, as
added by section 522 of the National Defense Authoriza-
tion Act for Fiscal Year 2018 [Pub. L. 115–91].
‘‘(2) UNIFORM CURRICULA.—The Secretary of Defense
and the Secretary of Homeland Security shall jointly
ensure that the curricula developed and implemented
pursuant to this subsection are, to the extent prac-
ticable,
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 1553
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