10 U.S.C. § 673 — Consideration of application for permanent

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 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 cal- endar 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 sub- mission of the request for review. (Added Pub. L. 112–81, div. A, title V, § 582(a), Dec. 31, 2011, 125 Stat. 1432; amended Pub. L. 113–66, div. A, title X, § 1091(a)(8), title XVII, § 1712, Dec. 26, 2013, 127 Stat. 876, 963; Pub. L. 115–91, div. A, title X, § 1081(c)(2)(A), Dec. 12, 2017, 131 Stat. 1599; Pub. L. 116–283, div. A, title V, § 531(a), Jan. 1, 2021, 134 Stat. 3601.) Editorial Notes PRIOR PROVISIONS A prior section 673 was renumbered section 12302 of this title. AMENDMENTS 2021—Subsec. (b). Pub. L. 116–283 substituted ‘‘five calendar days’’ for ‘‘72 hours’’ in two places. 2017—Subsec. (a). Pub. L. 115–91 substituted ‘‘920c, or 930’’ for ‘‘920a, or 920c’’ and ‘‘120c, or 130’’ for ‘‘120a, or 120c’’. 2013—Subsec. (a). Pub. L. 113–66, § 1091(a)(8), inserted ‘‘of the Uniform Code of Military Justice’’ after ‘‘120c’’. Subsec. (b). Pub. L. 113–66, § 1712, substituted ‘‘The Secretary concerned’’ for ‘‘The Secretaries of the mili- tary departments’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2021 AMENDMENT Pub. L. 116–283, div. A, title V, § 531(b), Jan. 1, 2021, 134 Stat. 3601, provided that: ‘‘The amendments made by subsection (a) [amending this section] shall take effect on the date of the enactment of this Act [Jan. 1, 2021], and shall apply to decisions on applications for perma- nent change of station or unit transfer made under sec- tion 673 of title 10, United States Code, on or after that date.’’ EFFECTIVE DATE OF 2017 AMENDMENT Amendment by Pub. L. 115–91 effective immediately after the amendments made by div. E (§§ 5001–5542) of Pub. L. 114–328 take effect as provided for in section 5542 of that Act (10 U.S.C. 801 note) [amendments effec- tive Jan. 1, 2019], see section 1081(c)(4) of Pub. L. 115–91, set out as a note under section 801 of this title. STANDARDIZATION OF POLICIES RELATED TO EXPEDITED TRANSFER IN CASES OF SEXUAL ASSAULT OR DOMES- TIC VIOLENCE Pub. L. 115–232, div. A, title V, § 536, Aug. 13, 2018, 132 Stat. 1761, provided that: ‘‘(a) POLICIES FOR MEMBERS.—The Secretary of De- fense shall modify, in accordance with section 673 of title 10, United States Code, all policies that the Sec- retary determines necessary to establish a standardized expedited transfer process for a member of the Army, Navy, Air Force, or Marine Corps who is the alleged victim of— ‘‘(1) sexual assault (regardless of whether the case is handled under the Sexual Assault Prevention and Response Program or Family Advocacy Program); or ‘‘(2) physical domestic violence (as defined by the Secretary in regulations prescribed under this sec- tion) committed by the spouse or intimate partner of the member, regardless of whether the spouse or inti- mate partner is a member of the Armed Forces. ‘‘(b) POLICY FOR DEPENDENTS OF MEMBERS.—The Sec- retary of Defense shall establish a policy to allow the transfer of a member of the Army, Navy, Air Force, or Marine Corps whose dependent is the victim of sexual assault perpetrated by a member of the Armed Forces who is not related to the victim.’’ Page 656 TITLE 10—ARMED FORCES [§ 673a [§ 673a. Renumbered § 12303] [§ 673b. Renumbered § 12304] [§ 673c. Renumbered § 12305] § 674. Temporary administrative reassignment or removal of a member on active duty accused of committing a sexual assault or related of- fense (a) GUIDANCE FOR TIMELY CONSIDERATION AND ACTION.—The Secretary concerned may provide guidance, within guidelines provided by the Sec- retary of Defense, for commanders regarding their authority to make a timely determination, and to take action, regarding whether a member of the armed forces serving on active duty who is alleged to have committed an offense under section 920, 920b, 920c, or 930 of this title (article 120, 120b, 120c, or 130 of the Uniform Code of Mili- tary Justice) or an attempt to commit such an offense as punishable under section 880 of this title (article 80 of the Uniform Code of Military Justice) should be temporarily reassigned or re- moved from a position of authority or from an assignment, not as a punitive measure, but sole- ly for the purpose of maintaining good order and discipline within the member’s unit. (b) TIME FOR DETERMINATION.—A determina- tion described in subsection (a) may be made at any time after receipt of notification of an unre- stricted report of a sexual assault or other sex- related offense that identifies the member as an alleged perpetrator. (Added Pub. L. 113–66, div. A, title XVII, § 1713(a), Dec. 26, 2013, 127 Stat. 963; amended Pub. L. 113–291, div. A, title X, § 1071(f)(8), Dec. 19, 2014, 128 Stat. 3510; Pub. L. 115–91, div. A, title X, § 1081(c)(2)(B), Dec. 12, 2017, 131 Stat. 1599.) Editorial Notes PRIOR PROVISIONS A prior section 674 was renumbered section 12306 of this title. AMENDMENTS 2017—Subsec. (a). Pub. L. 115–91 substituted ‘‘920b, 920c, or 930’’ for ‘‘920a, 920b, 920c, or 925’’ and ‘‘120b, 120c, or 130’’ for ‘‘120a, 120b, 120c, or 125’’. 2014—Subsec. (b). Pub. L. 113–291 substituted ‘‘after receipt’’ for ‘‘afer receipt’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2017 AMENDMENT Amendment by Pub. L. 115–91 effective immediately after the amendments made by div. E (§§ 5001–5542) of Pub. L. 114–328 take effect as provided for in section 5542 of that Act (10 U.S.C. 801 note) [amendments effec- tive Jan. 1, 2019], see section 1081(c)(4) of Pub. L. 115–91, set out as a note under section 801 of this title. [§ 675. Renumbered § 12307] [§ 676. Renumbered § 12308] [§ 677. Renumbered § 12309] [§ 678. Renumbered § 12310] [§ 679. Renumbered § 12311] [§ 680. Renumbered § 12312] [§ 681. Renumbered § 12313] [§ 682. Renumbered § 12314] [§ 683. Renumbered § 12315] [§ 684. Renumbered § 12316] [§ 685. Renumbered § 12317] [§ 686. Renumbered § 12318] Editorial Notes PRIOR PROVISIONS A prior section 686, acts Aug. 10, 1956, ch. 1041, 70A Stat. 32; Apr. 21, 1976, Pub. L. 94–273, § 11(2), 90 Stat. 378, provided for an annual officer grade distribution report, prior to repeal by Pub. L. 96–107, title III, § 303(a)(1), Nov. 9, 1979, 93 Stat. 806. [§ 687. Renumbered § 12319] Editorial Notes CODIFICATION Another section 687 was renumbered section 12321 of this title. PRIOR PROVISIONS A prior section 687, added Pub. L. 87–651, title I, § 102(a), Sept. 7, 1962, 76 Stat. 506; amended Pub. L. 89–718, § 6, Nov. 2, 1966, 80 Stat. 1115, related to readjustment payment upon involuntary release of non-regulars from active duty, prior to repeal by Pub. L. 96–513, title I, § 109(a), Dec. 12, 1980, 94 Stat. 2870, ef- fective Sept. 15, 1981. § 688. Retired members: authority to order to ac- tive duty; duties (a) AUTHORITY.—Under regulations prescribed by the Secretary of Defense, a member described in subsection (b) may be ordered to active duty by the Secretary of the military department concerned at any time. (b) COVERED MEMBERS.—Except as provided in subsection (d), subsection (a) applies to the fol- lowing members of the armed forces: (1) A retired member of the Regular Army, Regular Navy, Regular Air Force, or Regular Marine Corps. (2) A member of the Retired Reserve who was retired under section 1293, 7311, 7314, 8323, 9311, or 9314 of this title. (3) A member of the Fleet Reserve or Fleet Marine Corps Reserve. (4) A retired member of the Space Force. (c) DUTIES OF MEMBER ORDERED TO ACTIVE DUTY.—The Secretary concerned may, to the ex- tent consistent with other provisions of law, as- sign a member ordered to active duty under this section to such duties as the Secretary considers necessary in the interests of national defense.