Sec. 523. ESTABLISHMENT OF PROCESS TO REVIEW A REQUEST FOR UPGRADE OF DISCHARGE OR DISMISSAL
834 words·~4 min read·
/statute-compilations/comps-15772/sec-523A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
## SEC. 523 ESTABLISHMENT OF PROCESS TO REVIEW A REQUEST FOR UPGRADE OF DISCHARGE OR DISMISSAL ###
(a)Establishment Chapter 79 of title 10, United States Code, is amended by inserting after section 1553 the following new section 1553a: > > ## “SEC. 1553a Review of a request for upgrade of discharge or dismissal > > **[**[10 U.S.C. 1553a](/us/usc/t10/s1553a)**]** > > > ### “(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 decisions of the boards established under sections 1552 and 1553 of this title regarding the final review of a request for an upgrade in the characterization 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 recommendation 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 discharge or dismissal— > > > ##### “(A) > > that was not granted under sections 1552 and 1553 of this title; and > > > ##### “(B) > > regarding which the Secretary of Defense determines the petitioner has exhausted all remedies available to the petitioner 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 representative of the member or former member) whose request for an upgrade to the characterization of a discharge or dismissal was not granted under sections 1552 and 1553 of this title.” > . ###
(b)Technical and Conforming Amendments ####
(1)Table of sections **[**[10 U.S.C. 1551](/us/usc/t10/s1551)**]** The table of sections at the beginning of such chapteris amended by inserting after the item relating to section 1553 the following new item:" “1553a. Review of a request for upgrade of discharge or dismissal.” ". ####
(2)Conforming amendments #####
(A)Section 1552(a)(4) of such title is amended to read as follows: > > #### “(4) > > > #####
(A)> > Subject to subparagraph (B), a correction under this section is final and conclusive on all officers of the United States except when procured by fraud. > > > ##### “(B) > > If a board established under this section does not grant a request for an upgrade to the characterization of a discharge or dismissal, that declination may be considered under section 1553a of this title.” > . #####
(B)Section 1553(b) of such title is amended— ######
(i)by inserting “(1)” before “A board”; and ######
(ii)by adding at the end the following new paragraph: > > #### “(2) > > If a board established under this section does not grant a request for an upgrade to the characterization of a discharge or dismissal, that declination may be considered under section 1552 or section 1553a of this title, as applicable.” > . ###
(c)Deadline **[**[10 U.S.C. 1553a note](/us/usc/t10/s1553a)**]** The Secretary of Defense shall implement section 1553a of such title, as added by subsection (a), not later than January 1, 2021. ###
(d)Resources **[**[10 U.S.C. 1553a note](/us/usc/t10/s1553a)**]** 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 **[**[10 U.S.C. 1553a note](/us/usc/t10/s1553a)**]** ####
(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 established under such section 1553a. The report shall include, with respect to considerations under such process since implementation, the following: #####
(A)The number of requests considered. #####
(B)The number of upgrades to the characterization 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 characterization of a discharge or dismissal declined pursuant to such process, including the most common reasons 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.
Connectionstraces to 2
Citation graph
cites case law
Sec. 523
ESTABLISHMENT OF PROCESS TO REVIEW A REQUEST FOR UPGRADE OF DISCHARGE OR DISMISSAL
Cites 2Cited by 0 across 0 sources