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10 U.S.C. § 1553a — Review of a request for upgrade of discharge or dismissal
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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Source file: Laws/federal/codes/united-states-code/title-10/section-1553a-review-of-a-request-for-upgrade-of-discharge-or-dismissal--030b7d6ee6.md
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Source location: Title 10, Chapter 79, § 1553a; chapter-079-correction-of-military-records.md
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**(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)**
(1) The Secretary of a military department may correct any military record of the Secretary’s department when the Secretary considers it necessary to correct an error or remove an injustice. Except as provided in paragraph (2), such corrections shall be made by the Secretary acting through boards of civilians of the executive part of that military department. The Secretary of Homeland Security may in the same manner correct any military record of the Coast Guard.
(2) The Secretary concerned is not required to act through a board in the case of the correction of a military record announcing a decision that a person is not eligible to enlist (or reenlist) or is not accepted for enlistment (or reenlistment) or announcing the promotion and appointment of an enlisted member to an initial or higher grade or the decision not to promote an enlisted member to a higher grade. Such a correction may be made only if the correction is favorable to the person concerned.
(3)
(A) Corrections under this section shall be made under procedures established by the Secretary concerned. In the case of the Secretary of a military department, those procedures must be approved by the Secretary of Defense.
(B) If a board makes a preliminary determination that a claim under this section lacks sufficient information or documents to support the claim, the board shall notify the claimant, in writing, indicating the specific information or documents necessary to make the claim complete and reviewable by the board.
(C) If a claimant is unable to provide military personnel or medical records applicable to a claim under this section, the board shall make reasonable efforts to obtain the records. A claimant shall provide the board with documentary evidence of the efforts of the claimant
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1552
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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
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1553
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Federal law — U.S. Code and appendices · legal_authorities
Page 1444
TITLE 10—ARMED FORCES
§ 1553a
Subsec. (b). Pub. L. 116–92, § 523(b)(2)(B), designated
existing provisions as par. (1) and added par. (2).
Subsec. (d)(1). Pub. L. 116–92, § 521(b), designated ex-
isting provisions as subpar. (A) and added subpar. (B).
2017—Subsec. (d)(3)(A)(ii). Pub. L. 115–91, § 520(b), sub-
stituted ‘‘discharge or dismissal or to the original char-
acterization of the member’s discharge or dismissal’’
for ‘‘discharge of a lesser characterization’’.
Subsec. (f). Pub. L. 115–91, § 1081(a)(28), substituted
‘‘calendar’’ for ‘‘calender’’ wherever appearing.
Subsec. (f)(2). Pub. L. 115–91, § 521(c)(2), substituted
‘‘former member’’ for ‘‘claimant’’.
Subsec. (f)(4). Pub. L. 115–91, § 521(b), added par. (4).
2016—Subsec. (d)(3). Pub. L. 114–328, § 535, added par.
(3).
Subsec. (f). Pub. L. 114–328, § 533(b), added subsec. (f).
2014—Subsec. (d)(1). Pub. L. 113–291, § 521(b)(1), sub-
stituted ‘‘clinical psychologist or psychiatrist, or a
physician with training on mental health issues con-
nected with post traumatic stress disorder or trau-
matic brain injury (as applicable)’’ for ‘‘physician, clin-
ical psychologist, or psychiatrist’’ before period at end.
Subsec. (e). Pub. L. 113–291, § 521(b)(2), added subsec.
(e).
2009—Subsec. (d). Pub. L. 111–84 added subsec. (d).
1989—Subsecs. (a), (c). Pub. L. 101–189 substituted
‘‘Secretary of Veterans Affairs’’ for ‘‘Administrator of
Veterans’ Affairs’’.
1983—Subsec. (a). Pub. L. 98–209 inserted provision
that 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 disc
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 1553a
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