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Title 10 — Armed Forces

Part II · Chapter 79 — Correction of Military Records

§ 1554b. Confidential review of characterization of terms of discharge of members of the armed forces who are victims of sex-related offenses

Statutory text

(a)

Confidential Review Process Through Boards for Correction of Military Records.—

The Secretaries of the military departments shall each establish a confidential process, utilizing boards of the military department concerned established in accordance with this chapter, by which an individual who was the victim of a sex-related offense, or alleges that the individual 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 a sex-related offense.

(b)

Consideration of Individual Experiences in Connection With Offenses.—

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 of the military department concerned established in accordance with this chapter—

(1)

to give due consideration to the psychological and physical aspects of the individual’s experience in connection with the sex-related offense; and

(2)

to determine what bearing such experience may have had on the circumstances surrounding the individual’s discharge or separation from the armed forces.

(c)

Preservation of Confidentiality.—

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.

(d)

Sex-related Offense Defined.—

In this section, the term “sex-related offense” means any of the following:

(1)

Rape or sexual assault under subsection (a) or (b) of section 920 of this title (article 120 of the Uniform Code of Military Justice).

(2)

Forcible sodomy under section 925 of this title (article 125 of the Uniform Code of Military Justice).

(3)

An attempt to commit an offense specified in paragraph (1) or (2) as punishable under section 880 of this title (article 80 of the Uniform Code of Military Justice).

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. National Defense Authorization Act for Fiscal Year 2018

    Pub. L. 115–91 div. A title V § 522(a)(1) · 131 Stat. 1283

    Enacted · 10 U.S.C. § 1554b

    (Added and amended Pub. L. 115–91, div. A, title V, § 522(a)(1), (b), (c), Dec. 12, 2017, 131 Stat. 1380, 1381.)

    Source evidence

    Code source credit
    (Added and amended Pub. L. 115–91, div. A, title V, § 522(a)(1), (b), (c), Dec. 12, 2017, 131 Stat. 1380, 1381.)

    Enacted provision · exact public law section
    (1) Codification.— Chapter 79 of title 10, United States Code, is amended by inserting after section 1554a a new section 1554b consisting of— (A) a heading as follows: “§ 1554b. Confidential review of characterization of terms of discharge of members of the armed forces who are victims of sex-related offenses” ; and (B) a text consisting of the text of section 547 of the National Defense Authorization Act for Fiscal Year 2015 (Public Law 113–291; 10 U.S.C. 1553 note).

  2. National Defense Authorization Act for Fiscal Year 2018

    Pub. L. 115–91 § 522(a)(1) · 131 Stat. 1283

    Inserted · 10 U.S.C. § 1554b

    Pub. L. 115–91, § 522(a)(1), inserted section enumerator and catchline and transferred text of section 547 of Pub. L. 113–291 to this section. See Codification note above

    Source evidence

    Code amendment note
    Pub. L. 115–91, § 522(a)(1), inserted section enumerator and catchline and transferred text of section 547 of Pub. L. 113–291 to this section. See Codification note above.

    Enacted provision · exact public law section
    (1) Codification.— Chapter 79 of title 10, United States Code, is amended by inserting after section 1554a a new section 1554b consisting of— (A) a heading as follows: “§ 1554b. Confidential review of characterization of terms of discharge of members of the armed forces who are victims of sex-related offenses” ; and (B) a text consisting of the text of section 547 of the National Defense Authorization Act for Fiscal Year 2015 (Public Law 113–291; 10 U.S.C. 1553 note).

  3. National Defense Authorization Act for Fiscal Year 2018

    Pub. L. 115–91 § 522(c)(2) · 131 Stat. 1283

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

      Pub. L. 115–91, § 522(c)(2), substituted “boards of the military department concerned established in accordance with this chapter” for “boards for the correction of military records of the military department concerned”

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

      Pub. L. 115–91, § 522(c)(2), substituted “being the victim of a sex-related offense” for “being the victim of such an offense”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 115–91, § 522(c)(2), substituted “boards of the military department concerned established in accordance with this chapter” for “boards for the correction of military records of the military department concerned” and “being the victim of a sex-related offense” for “being the victim of such an offense”.

    Enacted provision · exact public law section
    (2) in subsection (a)— (A) by striking “boards for the correction of military records of the military department concerned” and inserting “boards of the military department concerned established in accordance with this chapter”; and (B) by striking “such an offense” and inserting “a sex-related offense”;

  4. National Defense Authorization Act for Fiscal Year 2018

    Pub. L. 115–91 § 522(c)(1) · 131 Stat. 1283

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

    Pub. L. 115–91, § 522(c)(1), substituted “armed forces” for “Armed Forces” in two places

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 115–91, § 522(c)(1), substituted “armed forces” for “Armed Forces” in two places.

    Enacted provision · exact public law section
    (1) by striking “Armed Forces” each place it appears in subsections (a) and (b) and inserting “armed forces”;

  5. National Defense Authorization Act for Fiscal Year 2018

    Pub. L. 115–91 § 522(b) · 131 Stat. 1283

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

    Pub. L. 115–91, § 522(b), substituted “who was the victim of a sex-related offense, or alleges that the individual was the victim of a sex-related offense,” for “who was the victim of a sex-related offense”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 115–91, § 522(b), substituted “who was the victim of a sex-related offense, or alleges that the individual was the victim of a sex-related offense,” for “who was the victim of a sex-related offense”.

    Enacted provision · exact public law section
    (b) Clarification of Applicability to Individuals Who Allege Sex-related Offenses During Military Service.— Subsection (a) of section 1554b of title 10, United States Code, as added by subsection (a) of this section, is amended by striking “sex-related offense” and inserting the following: “sex-related offense, or alleges that the individual was the victim of a sex-related offense,”.

  6. National Defense Authorization Act for Fiscal Year 2018

    Pub. L. 115–91 § 522(c)(3) · 131 Stat. 1283

    Substituted · 10 U.S.C. § 1554b(b)

    Pub. L. 115–91, § 522(c)(3), substituted “boards of the military department concerned established in accordance with this chapter” for “boards for the correction of military records” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 115–91, § 522(c)(3), substituted “boards of the military department concerned established in accordance with this chapter” for “boards for the correction of military records” in introductory provisions.

    Enacted provision · exact public law section
    (3) in subsection (b), striking “boards for the correction of military records” in the matter preceding paragraph (1) and inserting “boards of the military department concerned established in accordance with this chapter”; and

  7. National Defense Authorization Act for Fiscal Year 2018

    Pub. L. 115–91 § 522(c)(1) · 131 Stat. 1283

    Substituted · 10 U.S.C. § 1554b(b)

    Pub. L. 115–91, § 522(c)(1), substituted “armed forces” for “Armed Forces” in two places

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 115–91, § 522(c)(1), substituted “armed forces” for “Armed Forces” in two places.

    Enacted provision · exact public law section
    (1) by striking “Armed Forces” each place it appears in subsections (a) and (b) and inserting “armed forces”;

  8. National Defense Authorization Act for Fiscal Year 2018

    Pub. L. 115–91 § 522(c)(4)(B) · 131 Stat. 1283

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

    Pub. L. 115–91, § 522(c)(4)(B), substituted “this title” for “title 10, United States Code”

    Source evidence

    Code amendment note
    Subsec. (d)(1). Pub. L. 115–91, § 522(c)(4)(B), substituted “this title” for “title 10, United States Code”.

    Enacted provision · exact public law section
    (B) in paragraph (1), by striking “title 10, United States Code” and inserting “this title”; and

  9. National Defense Authorization Act for Fiscal Year 2018

    Pub. L. 115–91 § 522(c)(4)(C) · 131 Stat. 1283

    Substituted · 10 U.S.C. § 1554b(d)(2); 10 U.S.C. § 1554b(d)(3)

    Pub. L. 115–91, § 522(c)(4)(C), substituted “this title” for “such title”

    Source evidence

    Code amendment note
    Subsec. (d)(2), (3). Pub. L. 115–91, § 522(c)(4)(C), substituted “this title” for “such title”.

    Enacted provision · exact public law section
    (C) in paragraphs (2) and (3), by striking “such title” and inserting “this title”.

10 of 10 references resolved to an enrolled provision

Editorial Notes

Codification

Text of section, as added by Pub. L. 115–91, is based on text of Pub. L. 113–291, div. A, title V, § 547, , 128 Stat. 3375, which was formerly set out in a note under section 1553 of this title before being transferred to this chapter and designated as the text of this section.

Amendments

2017—Pub. L. 115–91, § 522(a)(1), inserted section enumerator and catchline and transferred text of section 547 of Pub. L. 113–291 to this section. See Codification note above.

Subsec. (a). Pub. L. 115–91, § 522(c)(2), substituted “boards of the military department concerned established in accordance with this chapter” for “boards for the correction of military records of the military department concerned” and “being the victim of a sex-related offense” for “being the victim of such an offense”.

Pub. L. 115–91, § 522(c)(1), substituted “armed forces” for “Armed Forces” in two places.

Pub. L. 115–91, § 522(b), substituted “who was the victim of a sex-related offense, or alleges that the individual was the victim of a sex-related offense,” for “who was the victim of a sex-related offense”.

Subsec. (b). Pub. L. 115–91, § 522(c)(3), substituted “boards of the military department concerned established in accordance with this chapter” for “boards for the correction of military records” in introductory provisions.

Pub. L. 115–91, § 522(c)(1), substituted “armed forces” for “Armed Forces” in two places.

Subsec. (d)(1). Pub. L. 115–91, § 522(c)(4)(B), substituted “this title” for “title 10, United States Code”.

Subsec. (d)(2), (3). Pub. L. 115–91, § 522(c)(4)(C), substituted “this title” for “such title”.

Credits

(Added and amended Pub. L. 115–91, div. A, title V, § 522(a)(1), (b), (c), , 131 Stat. 1380, 1381.)

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