10 U.S.C. § 1553a — Review of a request for upgrade of dis-

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 discharge or dismissal or issuance of a new dis- charge for purposes of clemency. 1962—Pub. L. 87–651 amended section generally with- out substantive change to conform to the style adopted for the revision of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Jan. 1, 1959, see section 2 of Pub. L. 85–857, set out as a note preceding Part I of Title 38, Veterans’ Benefits. REVIEWS OF CHARACTERIZATION OF ADMINISTRATIVE DISCHARGES OF CERTAIN MEMBERS ON THE BASIS OF FAILURE TO RECEIVE COVID-19 VACCINE Pub. L. 118–31, div. A, title V, § 527, Dec. 22, 2023, 137 Stat. 255, provided that: ‘‘(a) MANDATORY REVIEW.—A board established under section 1553 of title 10, United States Code, shall grant a request pursuant to such section to review the char- acterization of a discharge or dismissal of a former member of a covered Armed Force if such discharge or dismissal was solely based on the failure of such former member to obey a lawful order to receive a vaccine for COVID-19. ‘‘(b) COVERED ARMED FORCE DEFINED.—In this section, the term ‘covered Armed Force’ means the Army, Navy, Marine Corps, Air Force, Coast Guard, or Space Force.’’ DISCHARGE REVIEW BOARDS Pub. L. 116–92, div. A, title V, § 525(b), Dec. 20, 2019, 133 Stat. 1356, provided that: ‘‘(1) IN GENERAL.—Each Secretary concerned shall de- velop and provide training for members of discharge re- view boards under section 1553 of title 10, United States Code, that are under the jurisdiction of such Secretary on each of the following: ‘‘(A) Sexual trauma. ‘‘(B) Intimate partner violence. ‘‘(C) Spousal abuse. ‘‘(D) The various responses of individuals to trau- ma. ‘‘(2) UNIFORMITY OF TRAINING.—The Secretary of De- fense and the Secretary of Homeland Security shall jointly ensure that the training developed and provided pursuant to this subsection is, to the extent prac- ticable, uniform. ‘‘(3) SECRETARY CONCERNED DEFINED.—In this sub- section, the term ‘Secretary concerned’ has the mean- ing given that term in section 101(a)(9) of title 10, United States Code.’’ CONFIDENTIAL REVIEW OF CHARACTERIZATION OF TERMS OF DISCHARGE OF MEMBERS OF THE ARMED FORCES WHO ARE VICTIMS OF SEXUAL OFFENSES Pub. L. 113–291, div. A, title V, § 547, Dec. 19, 2014, 128 Stat. 3375, which related to review process for correc- tion of military records, consideration of individual ex- periences in connection with offenses, and preservation of confidentiality, was repealed by Pub. L. 115–91, div. A, title V, § 522(a)(3), Dec. 12, 2017, 131 Stat. 1380. See section 1554b of this title. § 1553a. Review of a request for upgrade of dis- charge or dismissal (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 deci- sions of the boards established under sections 1552 and 1553 of this title regarding the final re- view of a request for an upgrade in the charac- terization 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 rec- ommendation 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 dis- charge or dismissal— (A) that was not granted under sections 1552 and 1553 of this title; and (B) regarding which the Secretary of De- fense determines the petitioner has ex- hausted all remedies available to the peti- tioner 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 rep- resentative of the member or former member) whose request for an upgrade to the character- ization of a discharge or dismissal was not granted under sections 1552 and 1553 of this title. (Added Pub. L. 116–92, div. A, title V, § 523(a), Dec. 20, 2019, 133 Stat. 1354.) Statutory Notes and Related Subsidiaries IMPLEMENTATION AND REPORTING Pub. L. 116–92, div. A, title V, § 523(c)–(e), Dec. 20, 2019, 133 Stat. 1355, provided that: ‘‘(c) DEADLINE.—The Secretary of Defense shall im- plement section 1553a of such title [title 10, United States Code], as added by subsection (a), not later than January 1, 2021. Page 1445 TITLE 10—ARMED FORCES § 1554a ‘‘(d) RESOURCES.—In establishing and implementing the process under such section 1553a, the Secretary of Defense shall, to the maximum extent practicable, use existing organizations, boards, processes, and personnel of the Department of Defense. ‘‘(e) REPORTING.— ‘‘(1) REPORT.—Not later than January 1, 2022, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report regarding the process estab- lished under such section 1553a. The report shall in- clude, with respect to considerations under such proc- ess since implementation, the following: ‘‘(A) The number of requests considered. ‘‘(B) The number of upgrades to the characteriza- tion of a discharge or dismissal granted pursuant to such process, including the most common reasons for such upgrades. ‘‘(C) The number of upgrades to the characteriza- tion of a discharge or dismissal declined pursuant to such process, including the most common rea- sons for such declinations. ‘‘(2) ONLINE PUBLICATION.—On October 1, 2022, and annually thereafter, the Secretary shall publish the information described in paragraph (1) with regards to the immediately preceding fiscal year on a website of the Department of Defense that is accessible by the public.’’ § 1554. Review of retirement or separation with- out pay for physical disability (a) The Secretary concerned shall from time to time establish boards of review, each con- sisting of five commissioned officers, two of whom shall be selected from officers of the Army Medical Corps, officers of the Navy Med- ical Corps, Air Force officers designated as med- ical officers, or officers of the Public Health Service, as the case may be, to review, upon the request of a member or former member of the uniformed services retired or released from ac- tive duty without pay for physical disability, the findings and decisions of the retiring board, board of medical survey, or disposition board in the member’s case. A request for review must be made within 15 years after the date of the retire- ment or separation. (b) A board established under this section has the same powers as the board whose findings and decision are being reviewed. The findings of the board shall be sent to the Secretary concerned, who shall submit them to the President for ap- proval. (c) A review by a board established under this section shall be based upon 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 af- fidavit. A person who requests a review under this section may appear before the board in per- son or by counsel or an accredited representa- tive of an organization recognized by the Sec- retary of Veterans Affairs under chapter 59 of title 38. (Added Pub. L. 85–857, § 13(v)(2), Sept. 2, 1958, 72 Stat. 1267; amended Pub. L. 87–651, title I, § 110(a), Sept. 7, 1962, 76 Stat. 510; Pub. L. 101–189, div. A, title XVI, § 1621(a)(2), Nov. 29, 1989, 103 Stat. 1603; Pub. L. 111–383, div. A, title V, § 533(a), Jan. 7, 2011, 124 Stat. 4216.) HISTORICAL AND REVISION NOTES Sections 1553 and 1554 are restated, without sub- stantive change, to conform to the style adopted for title 10. Editorial Notes AMENDMENTS 2011—Subsec. (a). Pub. L. 111–383 substituted ‘‘a mem- ber or former member of the uniformed services’’ for ‘‘an officer’’ and ‘‘the member’s case’’ for ‘‘his case’’. 1989—Subsec. (c). Pub. L. 101–189 substituted ‘‘Sec- retary of Veterans Affairs’’ for ‘‘Administrator of Vet- erans’ Affairs’’. 1962—Pub. L. 87–651 amended section generally with- out substantive change to conform to the style adopted for the revision of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Jan. 1, 1959, see section 2 of Pub. L. 85–857, set out as a note preceding Part I of Title 38, Veterans’ Benefits. Executive Documents TRANSFER OF FUNCTIONS For transfer of functions of Public Health Service, see note set out under section 802 of this title. § 1554a. Review of separation with disability rat- ing of 20 percent disabled or less (a) IN GENERAL.—(1) The Secretary of Defense shall establish within the Office of the Secretary of Defense a board of review to review the dis- ability determinations of covered individuals by Physical Evaluation Boards. The board shall be known as the ‘‘Physical Disability Board of Re- view’’. (2) The Physical Disability Board of Review shall consist of not less than three members ap- pointed by the Secretary. (b) COVERED INDIVIDUALS.—For purposes of this section, covered individuals are members and former members of the armed forces who, during the period beginning on September 11, 2001, and ending on December 31, 2009— (1) are separated from the armed forces due to unfitness for duty due to a medical condi- tion with a disability rating of 20 percent dis- abled or less; and (2) are found to be not eligible for retire- ment. (c) REVIEW.—(1) Upon the request of a covered individual, or a surviving spouse, next of kin, or legal representative of a covered individual, the Physical Disability Board of Review shall review the findings and decisions of the Physical Eval- uation Board with respect to such covered indi- vidual. Subject to paragraph (3), upon its own motion, the Physical Disability Board of Review may review the findings and decisions of the Physical Evaluation Board with respect to a covered individual. (2) The review by the Physical Disability Board of Review under paragraph (1) shall be based on the records of the armed force con- cerned and such other evidence as may be pre- sented to the Physical Disability Board of Re- view. A witness may present evidence to the Board by affidavit or by any other means con- sidered acceptable by the Secretary of Defense. (3) If the Physical Disability Board of Review proposes to review, upon its own motion, the findings and decisions of the Physical Evalua- tion Board with respect to a covered individual,