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10 U.S.C. § 1557 — Timeliness standards for disposition of applications before Corrections Boards

Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 1557 — Timeliness standards for disposition of applications before Corrections Boards

**(a) Ten-Month Clearance Percentage.—** Of the applications received by a Corrections Board during a period specified in the following table, the percentage on which final action by the Corrections Board must be completed within 10 months of receipt (other than for those applications considered suitable for administrative correction) is as follows: For applications received during— The percentage on which final Correction Board action must be completed within 10 months ofreceipt is— the period of fiscal years 2001 and 200250 the period of fiscal years 2003 and 200460 the period of fiscal years 2005, 2006, and 200770 the period of fiscal years 2008, 2009, and 201080 the period of any fiscal year after fiscal year 201090. **(b) Clearance Deadline for All Applications.—** Final action by a Corrections Board on all applications received by the Corrections Board (other than those applications considered suitable for administrative correction) shall be completed within 18 months of receipt. **(c) Waiver Authority.—** The Secretary of the military department concerned may exclude an individual application from the timeliness standards prescribed in subsections (a) and (b) if the Secretary determines that the application warrants a longer period of consideration. The authority of the Secretary of a military department under this subsection may not be delegated. **(d) Failure To Meet Timeliness Standards Not To Affect Any Individual Application.—** Failure of a Corrections Board to meet the applicable timeliness standard for any period of time under subsection (a) or (b) does not confer any presumption or advantage with respect to consideration by the board of any application. **(e) Reports on Failure To Meet Timeliness Standards.—** The Secretary of the military department

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Stable record: federal_law:legal_authorities:record_usc_de2ba858db8613cd5daada19
Source file: Laws/federal/codes/united-states-code/title-10/section-1557-timeliness-standards-for-disposition-of-applications-before-corrections--10526a42db.md
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Passage SHA-256: 1699eb2923328ebcf0ebed84f3a340c93fcd5bd5f546d92401560a605924b03d

Source location: Title 10, Chapter 79, § 1557; chapter-079-correction-of-military-records.md

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**(a) Ten-Month Clearance Percentage.—** Of the applications received by a Corrections Board during a period specified in the following table, the percentage on which final action by the Corrections Board must be completed within 10 months of receipt (other than for those applications considered suitable for administrative correction) is as follows: For applications received during— The percentage on which final Correction Board action must be completed within 10 months ofreceipt is— the period of fiscal years 2001 and 200250 the period of fiscal years 2003 and 200460 the period of fiscal years 2005, 2006, and 200770 the period of fiscal years 2008, 2009, and 201080 the period of any fiscal year after fiscal year 201090. **(b) Clearance Deadline for All Applications.—** Final action by a Corrections Board on all applications received by the Corrections Board (other than those applications considered suitable for administrative correction) shall be completed within 18 months of receipt. **(c) Waiver Authority.—** The Secretary of the military department concerned may exclude an individual application from the timeliness standards prescribed in subsections (a) and (b) if the Secretary determines that the application warrants a longer period of consideration. The authority of the Secretary of a military department under this subsection may not be delegated. **(d) Failure To Meet Timeliness Standards Not To Affect Any Individual Application.—** Failure of a Corrections Board to meet the applicable timeliness standard for any period of time under subsection (a) or (b) does not confer any presumption or advantage with respect to consideration by the board of any application. **(e) Reports on Failure To Meet Timeliness Standards.—** The Secretary of the military department concerned shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report not later than June 1 following any fiscal year during which the Corrections Board of that Secretary’s military department was unable to meet the applicable timeliness standard for that fiscal year under subsections (a) and (b). The report shall specify the reasons why the standard could not be met and the corrective actions initiated to ensure compliance in the future. The report shall also specify the number of waivers granted under subsection (c) during that fiscal year. **(f) Corrections Board Defined.—** In this section, the term “Corrections Board” means— (1) with respect to the Department of the Army, the Army Board for Correction of Military Records; (2) with respect to the Department of the Navy, the Board for Correction of Naval Records; and (3) with respect to the Department of the Air Force, the Department of the Air Force Board for Correction of Military Records.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 111 — Executive department

**(a)** The Department of Defense is an executive department of the United States. **(b)** The Department is composed of the following: (1) The Office of the Secretary of Defense. (2) The Joint Chiefs of Staff. (3) The Joint Staff. (4) The Defense Agencies. (5) Department of Defense Field Activities. (6) The Department of the Army. (7) The Department of the Navy. (8) The Department of the Air Force. (9) The unified and specified combatant commands. (10) Such other offices, agencies, activities, and commands as may be established or designated by law or by the President. (11) All offices, agencies, activities, and commands under the control or supervision of any element named in paragraphs (1) through (10). **(c)** If the President establishes or designates an office, agency, activity, or command in the Department of Defense of a kind other than those described in paragraphs (1) through (9) of subsection (b), the President shall notify Congress not later than 60 days thereafter.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 1552 — Correction of military records: claims incident thereto

**(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

10 U.S.C. § 1557 — Timeliness standards for disposition of

Page 1448 TITLE 10—ARMED FORCES § 1557 seeking corrective action by the Army Review Boards Agency, the Department of the Air Force Review Boards Agency, or the Board for Correc- tion of Naval Records, as the case may be, is provided a copy of all correspondence and com- munications (including summaries of verbal communications) to or from the agency or board, or a member of the staff of the agency or board, with an entity or person outside the agency or board that pertain directly to the ap- plicant’s case or have a material effect on the applicant’s case. (b) EXCEPTIONS.—Subsection (a) does not apply to the following: (1) Classified information. (2) Information the release of which is other- wise prohibited by law or regulation. (3) Any record previously provided to the ap- plicant or known to be possessed by the appli- cant. (4) Any correspondence that is purely admin- istrative in nature. (5) Any military record that is (or may be) provided to the applicant by the Secretary of the military department or other source. (Added Pub. L. 105–261, div. A, title V, § 543(a)(1), Oct. 17, 1998, 112 Stat. 2020; amended Pub. L. 118–31, div. A, title XVII, § 1722(j)(2)(B), Dec. 22, 2023, 137 Stat. 673.) Editorial Notes AMENDMENTS 2023—Subsec. (a). Pub. L. 118–31 inserted ‘‘the Depart- ment of’’ after ‘‘the Army Review Boards Agency,’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 105–261, div. A, title V, § 543(b), Oct. 17, 1998, 112 Stat. 2021, provided that: ‘‘Section 1556 of title 10, United States Code, as added by subsection (a), shall apply with respect to correspondence and communica- tions made 60 days or more after the date of the enact- ment of this Act [Oct. 17, 1998].’’ § 1557. Timeliness standards for disposition of app

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