§ 1554. Review of retirement or separation without pay for physical disability

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1958

   Pub. L. 85–857 § 13(v)(2) · 72 Stat. 1105

   Enacted · 10 U.S.C. § 1554

   Added Pub. L. 85–857, § 13(v)(2), Sept. 2, 1958, 72 Stat. 1267

   Source evidence

   Code source credit
   Added Pub. L. 85–857, § 13(v)(2), Sept. 2, 1958, 72 Stat. 1267

   Enacted provision · exact public law section
   (u) Section 501 (c)(2) of the Servicemen’s and Veterans’ 70 Stat. 883. Survivor Benefits Act (5 U. S. C. 2091 note) is amended by striking out “under this Act” and inserting “under chapter 13 of title 38, United States Code”.

2. 1962

   Pub. L. 87–651 title I § 110(a) · 76 Stat. 506

   Amended · 10 U.S.C. § 1554

   Pub. L. 87–651 amended section generally without substantive change to conform to the style adopted for the revision of this title

   Source evidence

   Code amendment note
   Pub. L. 87–651 amended section generally without substantive change to conform to the style adopted for the revision of this title.

   Enacted provision · exact public law section
   (a) Sections 1553 and 1554 of title 10, United States Code, 72 Stat. 1267. are amended to read as follows: “§ 1553. Review of discharge or dismissal “(a) The Secretary concerned shall, after consulting the Administrator of Veterans’ Affairs, establish a board of review, consisting of five members, to review the discharge or dismissal (other than a discharge or dismissal by sentence of a general court-martial) of any former member of an armed force under the jurisdiction of his department upon its own motion or upon the request of the former member or, if he is dead, his surviving spouse, next of kin, or legal representative. A motion or request for review must be made within 15 years after the date of the discharge or dismissal. “(b) A board established under this section may, subject to review by the Secretary concerned, change a discharge or dismissal, or issue a new discharge, to reflect its findings. “(c) A review by a board established under this section shall be based on 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 affidavit. A person who requests a review under this section may appear before the board in person or by counsel or an accredited representative of an organization recognized by the Administrator of Veterans’ Affairs under chapter 59 of 72 Stat. 1238. 38 USC 3401–3405. title 38. “§ 1554. Review of retirement or separation without pay for physical disability “(a) The Secretary concerned shall from time to time establish boards of review, each consisting of five commissioned officers, two of whom shall be selected from officers of the Army Medical Corps, officers of the Navy Medical Corps, Air Force officers designated as medical officers, or officers of the Public Health Service, as the case may be, to review, upon the request of an officer retired or released from active duty without pay for physical disability, the findings and decisions of the retiring board, board of medical survey, or disposition board in his case. A request for review must be made within 15 years after the date of the retirement 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 approval. “(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 affidavit. A person who requests a review under this section may appear before the board in person or by counsel or an accredited representative of an organization recognized by the Administrator of Veterans’ Affairs under chapter 59 of title 38.”

3. 1989

   National Defense Authorization Act for Fiscal Years 1990 and 1991

   Pub. L. 101–189 div. A title XVI § 1621(a)(2) · 103 Stat. 1352

   Substituted · 10 U.S.C. § 1554(c)

   Pub. L. 101–189 substituted “Secretary of Veterans Affairs” for “Administrator of Veterans’ Affairs”

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 101–189 substituted “Secretary of Veterans Affairs” for “Administrator of Veterans’ Affairs”.

   Enacted provision · exact public law section
   (2) The following sections are amended by striking out “Administrator of Veterans’ Affairs” and inserting in lieu thereof “Secretary of Veterans Affairs”: sections 1074(b), 1216(c), 1476(a)(2), 1477(b)(5)(C), 1480(b), 1480(c), 1552(e), 1553(a), 1553(c), 1554(c), 2006(d), 2641(b) (in two places), and 6160(b).

4. 2011

   Ike Skelton National Defense Authorization Act for Fiscal Year 2011

   Pub. L. 111–383 div. A title V § 533(a) · 124 Stat. 4137

   1. Substituted · 10 U.S.C. § 1554(a)

      Pub. L. 111–383 substituted “a member or former member of the uniformed services” for “an officer”

   2. Substituted · 10 U.S.C. § 1554(a)

      Pub. L. 111–383 substituted “the member’s case” for “his case”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 111–383 substituted “a member or former member of the uniformed services” for “an officer” and “the member’s case” for “his case”.

   Enacted provision · exact public law section
   (a) Members Eligible to Request Review of Retirement or Separation Without Pay for Physical Disability.— Section 1554(a) of title 10, United States Code, is amended— (1) by striking “an officer” and inserting “a member or former member of the uniformed services”; and (2) by striking “his case” and inserting “the member’s case”.

5 of 5 references resolved to an enrolled provision