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10 U.S.C. § 1554Review of retirement or separation without pay for physical disability

submitted 68 years ago by Pub. L. 85-857 to r/title-10-ARMED-FORCES · 246 words · no verdicts yet

in plain englishAI-generated · not legal advice

Review boards may reconsider certain physical-disability retirement or separation decisions at a service member’s request.

(a) The relevant Secretary must periodically establish five-commissioned-officer review boards. Two members must be selected from the applicable military medical corps, designated Air Force medical officers, or Public Health Service officers. At a member’s or former member’s request, a board reviews the retiring board’s, medical survey board’s, or disposition board’s findings and decision concerning a person retired or released from active duty without pay for physical disability. The request must be made within 15 years after retirement or separation. (b) The review board has the same powers as the board it reviews. It sends its findings to the relevant Secretary, who submits them to the President for approval. (c) The review uses service records and other evidence presented. A witness may appear or submit an affidavit. The requester may appear personally, through counsel, or through an accredited representative of an organization recognized by the Secretary of Veterans Affairs under title 38, chapter 59.
the actual law source: uscode.house.gov ↗public domain
(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 a member or former member of the uniformed services 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 the member’s 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 Secretary of Veterans Affairs under chapter 59 of title 38.

Source credit: (Added Pub. L. 85–857, § 13(v)(2), Sept. 2, 1958, 72 Stat. 1267; amended Pub. L. 87–651, title I, § 110(a), Sept. 7, 1962, 76 Stat. 510; Pub. L. 101–189, div. A, title XVI, § 1621(a)(2), Nov. 29, 1989, 103 Stat. 1603; Pub. L. 111–383, div. A, title V, § 533(a), Jan. 7, 2011, 124 Stat. 4216.)

history & why it existsrecord from the source credit
  • 1958Enacted · Pub. L. 85-857 · 72 Stat. 1267
  • 1962Amended · Pub. L. 87-651 · 76 Stat. 510
  • 1989Amended · Pub. L. 101-189 · 103 Stat. 1603
  • 2011Amended · Pub. L. 111-383 · 124 Stat. 4216

A history note hasn’t been published yet. The record shows enactment by Pub. L. 85-857 on 1958-09-02.

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