10 U.S.C. § 1553a — Review of a request for upgrade of discharge or dismissal

submitted 7 years ago by Pub. L. 116-92 to r/title-10-ARMED-FORCES · 269 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary of Defense must provide a final review process for certain denied requests to upgrade a discharge or dismissal.

(a) Establishment. The Secretary of Defense must establish a process for final review of a request to upgrade the characterization of a discharge or dismissal. (b) Review and recommendation. (1) At a petitioner’s request, the Secretary must review the findings and decisions of boards under sections 1552 and 1553 concerning that final review. (2) After the review, the Secretary may recommend that the relevant military-department Secretary upgrade the petitioner’s discharge or dismissal if the recommendation is appropriate. (c) Definitions. (1) “Final review of a request for an upgrade in the characterization of a discharge or dismissal” means a petitioner’s request for an upgrade that (A) was not granted under sections 1552 and 1553 and (B) for which the Secretary determines that the petitioner used all remedies available under those sections. (2) “Petitioner” means a current or former armed-forces member—or, if that person is dead, the surviving spouse, next of kin, or legal representative—whose upgrade request was not granted under sections 1552 and 1553.

the actual law source: uscode.house.gov ↗public domain

(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.

Source credit: (Added Pub. L. 116–92, div. A, title V, § 523(a), Dec. 20, 2019, 133 Stat. 1354.)

history & why it existsrecord from the source credit

2019Enacted · Pub. L. 116-92 · 133 Stat. 1354

A history note hasn’t been published yet. The record shows enactment by Pub. L. 116-92 on 2019-12-20.

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