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10 U.S.C. § 1554b — Confidential review of characterization of terms of discharge of members of the armed forces who are victims of sex-related offenses
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)
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Stable record: federal_law:legal_authorities:record_usc_749ec930badc3362025bb64f
Source file: Laws/federal/codes/united-states-code/title-10/section-1554b-confidential-review-of-characterization-of-terms-of-discharge-of-members--0872c17674.md
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Passage SHA-256: 019a6897ea426ecb743e25bac5c0d770c391de973ef28adcbef2d1aab4ab7ba7
Source location: Title 10, Chapter 79, § 1554b; chapter-079-correction-of-military-records.md
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**(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) or (b) of [section 920 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section920&num=0&edition=prelim) (article 120 of the Uniform Code of Military Justice).
(2) Forcible sodomy under [section 925 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section925&num=0&edition=prelim) (article 125 of the Uniform Code of Military Justice).
(3) An attempt to commit an offense specified in paragraph (1) or (2) as punishable under [section 880 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section880&num=0&edition=prelim) (article 80 of the Uniform Code of Military Justice).
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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
**(a) Rape.—** Any person subject to this chapter who commits a sexual act upon another person by—
(1) using unlawful force against that other person;
(2) using force causing or likely to cause death or grievous bodily harm to any person;
(3) threatening or placing that other person in fear that any person will be subjected to death, grievous bodily harm, or kidnapping;
(4) first rendering that other person unconscious; or
(5) administering to that other person by force or threat of force, or without the knowledge or consent of that person, a drug, intoxicant, or other similar substance and thereby substantially impairing the ability of that other person to appraise or control conduct;
is guilty of rape and shall be punished as a court-martial may direct.
**(b) Sexual Assault.—** Any person subject to this chapter who—
(1) commits a sexual act upon another person by—
(A) threatening or placing that other person in fear;
(B) making a fraudulent representation that the sexual act serves a professional purpose; or
(C) inducing a belief by any artifice, pretense, or concealment that the person is another person;
(2) commits a sexual act upon another person—
(A) without the consent of the other person; or
(B) when the person knows or reasonably should know that the other person is asleep, unconscious, or otherwise unaware that the sexual act is occurring; or
(3) commits a sexual act upon another person when the other person is incapable of consenting to the sexual act due to—
(A) impairment by any drug, intoxicant, or other similar substance, and that condition is known or reasonably should be known by the person; or
(B) a mental disease or defect, or physical disability, and that condition is known or reasonably should be known by the person;
i
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 920
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Federal law — U.S. Code and appendices · legal_authorities
Any person subject to this chapter who wrongfully—
(1) seizes, confines, inveigles, decoys, or carries away another person; and
(2) holds the other person against that person’s will;
shall be punished as a court-martial may direct.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 925
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** An act, done with specific intent to commit an offense under this chapter, amounting to more than mere preparation and tending, even though failing, to effect its commission, is an attempt to commit that offense.
**(b)** Any person subject to this chapter who attempts to commit any offense punishable by this chapter shall be punished as a court-martial may direct, unless otherwise specifically prescribed.
**(c)** Any person subject to this chapter may be convicted of an attempt to commit an offense although it appears on the trial that the offense was consummated.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 880
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Federal law — U.S. Code and appendices · legal_authorities
Page 1446
TITLE 10—ARMED FORCES
§ 1554b
the Physical Disability Board of Review shall
notify the covered individual, or a surviving
spouse, next of kin, or legal representative of
the covered individual, of the proposed review
and obtain the consent of the covered individual
or a surviving spouse, next of kin, or legal rep-
resentative of the covered individual before pro-
ceeding with the review.
(4) With respect to any review by the Physical
Disability Board of Review of the findings and
decisions of the Physical Evaluation Board with
respect to a covered individual, whether initi-
ated at the request of the covered individual or
a surviving spouse, next of kin, or legal rep-
resentative of the covered individual or initiated
by the Physical Disability Board of Review, the
Physical Disability Board of Review shall notify
the covered individual or a surviving spouse,
next of kin, or legal representative of the cov-
ered individual that, as a result of the request or
consent, the covered individual or a surviving
spouse, next of kin, or legal representative of
the covered individual may not seek relief from
the Board for Correction of Military Records op-
erated by the Secretary concerned.
(d) AUTHORIZED RECOMMENDATIONS.—The Phys-
ical Disability Board of Review may, as a result
of its findings under a review under subsection
(c), recommend to the Secretary concerned the
following (as applicable) with respect to a cov-
ered individual:
(1) No recharacterization of the separation
of such individual or modification of the dis-
ability rating previously assigned such indi-
vidual.
(2) The recharacterization of the separation
of such individual to retirement for disability.
(3) The modification of the disability rating
previously assigned such in
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 1554b
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