Title 10 — Armed Forces
Part II · Chapter 79 — Correction of Military Records
§ 1556. Ex parte communications prohibited
Statutory text
In General.—
The Secretary of each military department shall ensure that an applicant seeking corrective action by the Army Review Boards Agency, the Department of the Air Force Review Boards Agency, or the Board for Correction of Naval Records, as the case may be, is provided a copy of all correspondence and communications (including summaries of verbal communications) to or from the agency or board, or a member of the staff of the agency or board, with an entity or person outside the agency or board that pertain directly to the applicant’s case or have a material effect on the applicant’s case.
Exceptions.—
Subsection (a) does not apply to the following:
Classified information.
Information the release of which is otherwise prohibited by law or regulation.
Any record previously provided to the applicant or known to be possessed by the applicant.
Any correspondence that is purely administrative in nature.
Any military record that is (or may be) provided to the applicant by the Secretary of the military department or other source.
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.
Strom Thurmond National Defense Authorization Act for Fiscal Year 1999
Pub. L. 105–261 div. A title V § 543(a)(1) · 112 Stat. 1920
Enacted · 10 U.S.C. § 1556
Added Pub. L. 105–261, div. A, title V, § 543(a)(1), Oct. 17, 1998, 112 Stat. 2020
Source evidence
Code source credit
Added Pub. L. 105–261, div. A, title V, § 543(a)(1), Oct. 17, 1998, 112 Stat. 2020Enacted provision · exact public law section
(1) Chapter 79 of title 10, United States Code, is amended by adding after section 1555, as added by section 542(a)(1), the following new section: “§1556. Ex parte communications prohibited “(a) In General.— The Secretary of each military department shall ensure that an applicant seeking corrective action by the Army Review Boards Agency, the Air Force Review Boards Agency, or the Board for Correction of Naval Records, as the case may be, is provided a copy of all correspondence and communications (including summaries of verbal communications) to or from the agency or board, or a member of the staff of the agency or board, with an entity or person outside the agency or board that pertain directly to the applicant’s case or have a material effect on the applicant’s case. “(b) Exceptions.— subsection (a) does not apply to the following: “(1) Classified information. “(2) Information the release of which is otherwise prohibited by law or regulation. “(3) Any record previously provided to the applicant or known to be possessed by the applicant. “(4) Any correspondence that is purely administrative in nature. “(5) Any military record that is (or may be) provided to the applicant by the Secretary of the military department or other source.”.Space Force Personnel Management Act
Pub. L. 118–31 div. A title XVII § 1722(j)(2)(B) · 137 Stat. 136
Inserted · 10 U.S.C. § 1556(a)
Pub. L. 118–31 inserted “the Department of” after “the Army Review Boards Agency,”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 118–31 inserted “the Department of” after “the Army Review Boards Agency,”.Enacted provision · exact public law section
(B) Section 1556(a) is amended by inserting “the Department of” after “the Army Review Boards Agency,”.
2 of 2 references resolved to an enrolled provision
Editorial Notes
Amendments
2023—Subsec. (a). Pub. L. 118–31 inserted “the Department of” after “the Army Review Boards Agency,”.
Statutory Notes and Related Subsidiaries
Effective Date
Pub. L. 105–261, div. A, title V, § 543(b), , 112 Stat. 2021, provided that: “Section 1556 of title 10, United States Code, as added by subsection (a), shall apply with respect to correspondence and communications made 60 days or more after the date of the enactment of this Act [].”
Credits
1998–2023 · 2 acts
- 1998Added Pub. L. 105–261, div. A, title V, § 543(a)(1), , 112 Stat. 2020
- 2023amended Pub. L. 118–31, div. A, title XVII, § 1722(j)(2)(B), , 137 Stat. 673.
Show as published
(Added Pub. L. 105–261, div. A, title V, § 543(a)(1), , 112 Stat. 2020; amended Pub. L. 118–31, div. A, title XVII, § 1722(j)(2)(B), , 137 Stat. 673.)