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10 U.S.C. § 673 — Consideration of application for permanent change of station or unit transfer for members on active duty who are the victim of a sexual assault or related offense
Federal law — U.S. Code and appendices · legal_authorities
**(a) Timely Consideration and Action.—** The Secretary concerned shall provide for timely determination and action on an application for consideration of a change of station or unit transfer submitted by a member of the armed forces serving on active duty who was a victim of a sexual assault or other offense covered by section 920, 920c, or 930 of this title (article 120, 120c, or 130 of the Uniform Code of Military Justice) so as to reduce the possibility of retaliation against the member for reporting the sexual assault or other offense.
**(b) Regulations.—** The Secretary concerned shall issue regulations to carry out this section, within guidelines provided by the Secretary of Defense. These guidelines shall provide that the application submitted by a member described in subsection (a) for a change of station or unit transfer must be approved or disapproved by the member’s commanding officer within five calendar days of the submission of the application. Additionally, if the application is disapproved by the commanding officer, the member shall be given the opportunity to request review by the first general officer or flag officer in the chain of command of the member, and that decision must be made within five calendar days of submission of the request for review.
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Stable record: federal_law:legal_authorities:record_usc_7ab3e47d067b27f144aaaafe
Source file: Laws/federal/codes/united-states-code/title-10/section-673-consideration-of-application-for-permanent-change-of-station-or-unit-tra--07388d0472.md
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Source location: Title 10, Chapter 39, § 673; chapter-039-active-duty.md
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**(a) Timely Consideration and Action.—** The Secretary concerned shall provide for timely determination and action on an application for consideration of a change of station or unit transfer submitted by a member of the armed forces serving on active duty who was a victim of a sexual assault or other offense covered by section 920, 920c, or 930 of this title (article 120, 120c, or 130 of the Uniform Code of Military Justice) so as to reduce the possibility of retaliation against the member for reporting the sexual assault or other offense.
**(b) Regulations.—** The Secretary concerned shall issue regulations to carry out this section, within guidelines provided by the Secretary of Defense. These guidelines shall provide that the application submitted by a member described in subsection (a) for a change of station or unit transfer must be approved or disapproved by the member’s commanding officer within five calendar days of the submission of the application. Additionally, if the application is disapproved by the commanding officer, the member shall be given the opportunity to request review by the first general officer or flag officer in the chain of command of the member, and that decision must be made within five calendar days of submission of the request for review.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** In time of national emergency declared by the President after January 1, 1953, or when otherwise authorized by law, an authority designated by the Secretary concerned may, without the consent of the persons concerned, order any unit, and any member not assigned to a unit organized to serve as a unit, in the Ready Reserve under the jurisdiction of that Secretary to active duty for not more than 24 consecutive months.
**(b)** To achieve fair treatment as between members in the Ready Reserve who are being considered for recall to duty without their consent, consideration shall be given to—
(1) the length and nature of previous service, to assure such sharing of exposure to hazards as the national security and military requirements will reasonably allow;
(2) family responsibilities; and
(3) employment necessary to maintain the national health, safety, or interest.
The Secretary of Defense shall prescribe such policies and procedures as he considers necessary to carry out this subsection.
**(c)** Not more than 1,000,000 members of the Ready Reserve may be on active duty, without their consent, under this section at any one time.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 12302
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Federal law — U.S. Code and appendices · legal_authorities
In this chapter (the Uniform Code of Military Justice):
(1) The term “Judge Advocate General” means, severally, the Judge Advocates General of the Army, Navy, and Air Force and, except when the Coast Guard is operating as a service in the Navy, an official designated to serve as Judge Advocate General of the Coast Guard by the Secretary of Homeland Security.
(2) The Navy, the Marine Corps, and the Coast Guard when it is operating as a service in the Navy, shall be considered as one armed force.
(3) The term “commanding officer” includes only commissioned officers.
(4) The term “officer in charge” means a member of the Navy, the Marine Corps, or the Coast Guard designated as such by appropriate authority.
(5) The term “superior commissioned officer” means a commissioned officer superior in rank or command.
(6) The term “cadet” means a cadet of the United States Military Academy, the United States Air Force Academy, or the United States Coast Guard Academy.
(7) The term “midshipman” means a midshipman of the United States Naval Academy and any other midshipman on active duty in the naval service.
(8) The term “military” refers to any or all of the armed forces.
(9) The term “accuser” means a person who signs and swears to charges, any person who directs that charges nominally be signed and sworn to by another, and any other person who has an interest other than an official interest in the prosecution of the accused.
(10) The term “military judge” means a judge advocate designated under [section 826(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section826/c&num=0&edition=prelim) (article 26(c)) who is detailed under section 826(a) or [section 830a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 801
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Action on Complaints Alleging Sexual Harassment.—** A commanding officer or officer in charge of a unit, vessel, facility, or area of the Army, Navy, Air Force, Marine Corps, or Space Force who receives from a member of the command or a civilian employee under the supervision of the officer a formal complaint alleging a claim of sexual harassment by a member of the armed forces or a civilian employee of the Department of Defense shall, to the extent practicable, direct that an independent investigation of the matter be carried out in accordance with this section.
**(b) Commencement of Investigation.—** To the extent practicable, a commanding officer or officer in charge receiving such a formal complaint shall forward such complaint to an independent investigator within 72 hours after receipt of the complaint, and shall further—
(1) forward the formal complaint or a detailed description of the allegation to the next superior officer in the chain of command who is authorized to convene a general court-martial; and
(2) advise the complainant of the commencement of the investigation.
**(c) Duration of Investigation.—** To the extent practicable, a commanding officer or officer in charge shall ensure that an independent investigator receiving a formal complaint of sexual harassment under this section completes the investigation of the complaint not later than 14 days after the date on which the investigation is commenced, and that the findings of the investigation are forwarded to the commanding officer or officer in charge specified in subsection (a) for action as appropriate.
**(d) Report on Investigation.—** To the extent practicable, a commanding officer or officer in charge shall—
(1) submit a final report on the results of the independent investigation, inc
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1561
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Federal law — U.S. Code and appendices · legal_authorities
Page 655
TITLE 10—ARMED FORCES
§ 673
the period of extension specified by the Sec-
retary of Defense, whichever occurs earlier, un-
less sooner terminated by law or Executive
order.
(Added Pub. L. 90–235, § 1(a)(1)(A), Jan. 2, 1968, 81
Stat. 753; amended Pub. L. 101–189, div. A, title
VI, § 653(a)(3), Nov. 29, 1989, 103 Stat. 1462.)
Editorial Notes
AMENDMENTS
1989—Subsec. (a). Pub. L. 101–189 substituted ‘‘armed
forces’’ for ‘‘Armed Forces of the United States’’.
§ 672. Reference to chapter 1209
Provisions of law relating to service of mem-
bers of reserve components on active duty are
set forth in chapter 1209 of this title (beginning
with section 12301).
(Added Pub. L. 103–337, div. A, title XVI,
§ 1662(e)(4), Oct. 5, 1994, 108 Stat. 2992.)
Editorial Notes
PRIOR PROVISIONS
A prior section 672 was renumbered section 12301 of
this title.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective Dec. 1, 1994, except as otherwise pro-
vided, see section 1691 of Pub. L. 103–337, set out as a
note under section 10001 of this title.
§ 673. Consideration of application for permanent
change of station or unit transfer for mem-
bers on active duty who are the victim of a
sexual assault or related offense
(a) TIMELY CONSIDERATION
AND ACTION.—The
Secretary concerned shall provide for timely de-
termination and action on an application for
consideration of a change of station or unit
transfer submitted by a member of the armed
forces serving on active duty who was a victim
of a sexual assault or other offense covered by
section 920, 920c, or 930 of this title (article 120,
120c, or 130 of the Uniform Code of Military Jus-
tice) so as to reduce the possibility of retalia-
tion against the member for reporting the sex-
ual assault or othe
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 673
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