Sec. 547. Confidential review of characterization of terms of discharge of members of the Armed Forces who are victims of sexual offenses

280 words·~1 min read·/bill/113/hr/3979/eah/section-547

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The Secretaries of the military departments shall each establish a confidential process, utilizing boards for the correction of military records of the military department concerned, by which an individual who 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 such an offense.

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 for the correction of military records— to give due consideration to the psychological and physical aspects of the individual’s experience in connection with the sex-related offense; and to determine what bearing such experience may have had on the circumstances surrounding the individual's discharge or separation from the Armed Forces.

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. In this section, the term sex-related offense means any of the following: Rape or sexual assault under subsection

(a)or

(b)of section 920 of title 10, United States Code (article 120 of the Uniform Code of Military Justice). Forcible sodomy under section 925 of such title (article 125 of the Uniform Code of Military Justice). An attempt to commit an offense specified in paragraph

(1)or

(2)as punishable under section 880 of such title (article 80 of the Uniform Code of Military Justice).