Title 10 — Armed Forces
Part II · Chapter 79 — Correction of Military Records
§ 1557. Timeliness standards for disposition of applications before Corrections Boards
Statutory text
Ten-Month Clearance Percentage.—
Of the applications received by a Corrections Board during a period specified in the following table, the percentage on which final action by the Corrections Board must be completed within 10 months of receipt (other than for those applications considered suitable for administrative correction) is as follows:
| For applications received during— | The percentage on which final Correction Board action must be completed within 10 months ofreceipt is— |
|---|---|
| the period of fiscal years 2001 and 2002 | 50 |
| the period of fiscal years 2003 and 2004 | 60 |
| the period of fiscal years 2005, 2006, and 2007 | 70 |
| the period of fiscal years 2008, 2009, and 2010 | 80 |
| the period of any fiscal year after fiscal year 2010 | 90. |
Clearance Deadline for All Applications.—
Final action by a Corrections Board on all applications received by the Corrections Board (other than those applications considered suitable for administrative correction) shall be completed within 18 months of receipt.
Waiver Authority.—
The Secretary of the military department concerned may exclude an individual application from the timeliness standards prescribed in subsections (a) and (b) if the Secretary determines that the application warrants a longer period of consideration. The authority of the Secretary of a military department under this subsection may not be delegated.
Failure To Meet Timeliness Standards Not To Affect Any Individual Application.—
Failure of a Corrections Board to meet the applicable timeliness standard for any period of time under subsection (a) or (b) does not confer any presumption or advantage with respect to consideration by the board of any application.
Reports on Failure To Meet Timeliness Standards.—
The Secretary of the military department concerned shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report not later than June 1 following any fiscal year during which the Corrections Board of that Secretary’s military department was unable to meet the applicable timeliness standard for that fiscal year under subsections (a) and (b). The report shall specify the reasons why the standard could not be met and the corrective actions initiated to ensure compliance in the future. The report shall also specify the number of waivers granted under subsection (c) during that fiscal year.
Corrections Board Defined.—
In this section, the term “Corrections Board” means—
with respect to the Department of the Army, the Army Board for Correction of Military Records;
with respect to the Department of the Navy, the Board for Correction of Naval Records; and
with respect to the Department of the Air Force, the Department of the Air Force Board for Correction of Military Records.
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 § 544(a) · 112 Stat. 1920
Enacted · 10 U.S.C. § 1557
Added Pub. L. 105–261, div. A, title V, § 544(a), Oct. 17, 1998, 112 Stat. 2021
Source evidence
Code source credit
Added Pub. L. 105–261, div. A, title V, § 544(a), Oct. 17, 1998, 112 Stat. 2021Enacted provision · exact public law section
(a) In General.— Chapter 79 of title 10, United States Code, is amended by adding after section 1556, as added by section 543(a)(1), the following new section: “§1557. Timeliness standards for disposition of applications before Corrections Boards “(a) Ten-Month Clearance Percentage.— Of the applications received by a Corrections Board during a period specified in the following table, the percentage on which final action by the Corrections Board must be completed within 10 months of receipt (other than for those applications considered suitable for administrative correction) is as follows: “For applications received during— The percentage on which final Correction Board action must be completed within 10 months of receipt is— the period of fiscal years 2001 and 2002 50 the period of fiscal years 2003 and 2004 60 the period of fiscal years 2005, 2006, and 2007 70 the period of fiscal years 2008, 2009, and 2010 80 the period of any fiscal year after fiscal year 2010 90 “(b) Clearance Deadline for All Applications.— Effective October 1, 2002, final action by a Corrections Board on all applications received by the Corrections Board (other than those applications considered suitable for administrative correction) shall be completed within 18 months of receipt. “(c) Waiver Authority.— The Secretary of the military department concerned may exclude an individual application from the timeliness standards prescribed in subsections (a) and (b) if the Secretary determines that the application warrants a longer period of consideration. The authority of the Secretary of a military department under this subsection may not be delegated. “(d) Failure To Meet Timeliness Standards Not To Affect Any Individual Application.— Failure of a Corrections Board to meet the applicable timeliness standard for any period of time under subsection (a) or (b) does not confer any presumption or advantage with respect to consideration by the board of any application. “(e) Reports on Failure To Meet Timeliness Standards.— The Secretary of the military department concerned shall submit to the Committee on Armed Services of the Senate and the Committee on National Security of the House of Representatives a report not later than June 1 following any fiscal year during which the Corrections Board of that Secretary’s military department was unable to meet the applicable timeliness standard for that fiscal year under subsections (a) and (b). The report shall specify the reasons why the standard could not be met and the corrective actions initiated to ensure compliance in the future. The report shall also specify the number of waivers granted under subsection (c) during that fiscal year. “(f) Corrections Board Defined.— In this section, the term ‘Corrections Board’ means— “(1) with respect to the Department of the Army, the Army Board for Correction of Military Records; “(2) with respect to the Department of the Navy, the Board for Correction of Naval Records; and “(3) with respect to the Department of the Air Force, the Air Force Board for Correction of Military Records.”.Pub. L. 106–65 div. A title X § 1067(1) · 113 Stat. 512
Substituted · 10 U.S.C. § 1557(e)
Pub. L. 106–65 substituted “and the Committee on Armed Services” for “and the Committee on National Security”
Source evidence
Code amendment note
Subsec. (e). Pub. L. 106–65 substituted “and the Committee on Armed Services” for “and the Committee on National Security”.Enacted provision · exact public law section
(1) Title 10, United States Code.Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005
Pub. L. 108–375 div. A title X § 1084(d)(12) · 118 Stat. 1811
Substituted · 10 U.S.C. § 1557(b)
Pub. L. 108–375 substituted “Final” for “Effective October 1, 2002, final”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 108–375 substituted “Final” for “Effective October 1, 2002, final”.Enacted provision · exact public law section
(12) Section 1557(b) is amended by striking “Effective October 1, 2002, final” and inserting “Final”.Space Force Personnel Management Act
Pub. L. 118–31 div. A title XVII § 1722(j)(2)(A) · 137 Stat. 136
Inserted · 10 U.S.C. § 1557(f)(3)
Pub. L. 118–31 inserted “the Department of” after “Air Force,”
Source evidence
Code amendment note
Subsec. (f)(3). Pub. L. 118–31 inserted “the Department of” after “Air Force,”.Enacted provision · exact public law section
(A) Sections 1555(c)(3) and 1557(f)(3) are amended by inserting “the Department of” after “Air Force,”.
4 of 4 references resolved to an enrolled provision
Editorial Notes
Amendments1999–2023 · 3 rounds
2023
Subsec. (f)(3). Pub. L. 118–31 inserted “the Department of” after “Air Force,”.
2004
Subsec. (b). Pub. L. 108–375 substituted “Final” for “Effective , final”.
1999
Subsec. (e). Pub. L. 106–65 substituted “and the Committee on Armed Services” for “and the Committee on National Security”.
Statutory Notes and Related Subsidiaries
Termination of Reporting Requirements
For termination, effective , of provisions in subsec. (e) of this section requiring submittal of report to Congress, see section 1061 of Pub. L. 114–328, set out as a note under section 111 of this title.