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10 U.S.C. § 1557Timeliness standards for disposition of applications before Corrections Boards

submitted 28 years ago by Pub. L. 105-261 to r/title-10-ARMED-FORCES · 452 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section addresses “Timeliness standards for disposition of applications before Corrections Boards.” It states the rules and requirements in the statutory text.

(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.— Final action by a Corrections Board on all applications received by the Corrections Board (other than those applications considered suitable for administrative correction) must 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 about consideration by the board of any application. (e) Reports on Failure To Meet Timeliness Standards.— The Secretary of the military department concerned must 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 must specify the reasons why the standard could not be met and the corrective actions initiated to ensure compliance in the future. The report must 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) about the Department of the Army, the Army Board for Correction of Military Records; (2) about the Department of the Navy, the Board for Correction of Naval Records; and (3) about the Department of the Air Force, the Department of the Air Force Board for Correction of Military Records.
the actual law source: uscode.house.gov ↗public domain
(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.—

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 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.

(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 Department of the Air Force Board for Correction of Military Records.

Source credit: (Added Pub. L. 105–261, div. A, title V, § 544(a), Oct. 17, 1998, 112 Stat. 2021; amended Pub. L. 106–65, div. A, title X, § 1067(1), Oct. 5, 1999, 113 Stat. 774; Pub. L. 108–375, div. A, title X, § 1084(d)(12), Oct. 28, 2004, 118 Stat. 2062; Pub. L. 118–31, div. A, title XVII, § 1722(j)(2)(A), Dec. 22, 2023, 137 Stat. 673.)

history & why it existsrecord from the source credit
  • 1998Enacted · Pub. L. 105-261 · 112 Stat. 2021
  • 1999Amended · Pub. L. 106-65 · 113 Stat. 774
  • 2004Amended · Pub. L. 108-375 · 118 Stat. 2062
  • 2023Amended · Pub. L. 118-31 · 137 Stat. 673

A history note hasn’t been published yet. The record shows enactment by Pub. L. 105-261 on 1998-10-17.

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