r/title-10-ARMED-FORCES wiki — defined terms
The statute’s own glossary: every term Title 10 defines, in section order.
“participating uniformed service” applies throughout its chapter
The term “participating uniformed service” means the Army, Navy, Air Force, Marine Corps, and Space Force, and any other uniformed service that is covered by an agreement entered into under subsection (c). (5) The term “members of the uniformed services on active duty” does not include a cadet at the United States Military Academy, the United States Air Force Academy, or the Coast Guard Academy or a midshipman at the United States Naval Academy. (c) The Secretary of Defense shall enter into an agreement with each other administering Secretary (as defined in section 1072(3) of this title ) for participation in the Fund by a uniformed service under the jurisdiction of that Secretary.
“uniformed services retiree health care programs” applies throughout its chapter
The term “uniformed services retiree health care programs” means the provisions of this title or any other provision of law creating an entitlement to or eligibility for health care for a member or former member of a participating uniformed service who is entitled to retired or retainer pay, and an eligible dependent under such program.;
“covered armed forces” applies in that section
the term “covered armed forces” means the Army, Navy, Air Force, Marine Corps, and Space Force.
“military operations” applies in that section
The term “military operations” includes those operations involving members of the armed forces assisting in United States Government sponsored training of military personnel of a foreign nation.;
“next of kin” applies in that section
The term “next of kin” means individuals standing in such relationship to members of the armed forces described in subsection (a) as the Secretaries concerned shall jointly specify in regulations for purposes of this section.;
“peacekeeping force” applies in that section
The term “peacekeeping force” includes those personnel assigned to a force engaged in a peacekeeping operation authorized by the United Nations Security Council.
“World War I” applies in that section
The term “World War I” includes the period from April 6, 1917 , to March 3, 1921 .;
“World War II” applies in that section
The term “World War II” includes the period from September 8, 1939 , to July 25, 1947 , at 12 o’clock noon.;
“foreign terrorist organization” applies in that section
the term “foreign terrorist organization” means an entity designated as a foreign terrorist organization by the Secretary of State pursuant to section 219 of the Immigration and Nationality Act ( 8 U.S.C. 1189 ).
“decoration” applies in that section
The term “decoration” means any decoration or award that may be presented or awarded to a member or unit of the armed forces.
“Member of Congress” applies in that section
The term “Member of Congress” means— (A) a Senator; or (B) a Representative in, or a Delegate or Resident Commissioner to, Congress.;
“decoration” applies in that section
The term “decoration” means any decoration or award that may be presented or awarded to a member of the armed forces.;
“serious violent felony” applies in that section
The term “serious violent felony” has the meaning given that term in section 3559(c)(2)(F) of title 18 .
“decoration” applies in that section
the term “decoration” means any decoration or award (other than the medal of honor) that may be presented or awarded by the President or the Secretary concerned to a member of the armed forces.
“conversion health policy” applies in that section
the term “conversion health policy” means a health insurance policy with a private insurer, developed through negotiations between the Secretary of Defense and a private insurer, that is available for purchase by or for the use of a person who is no longer a member of the armed forces or a covered beneficiary. (f) Coast Guard .— The Secretary of Homeland Security shall implement this section for the members of the Coast Guard and their dependents when the Coast Guard is not operating as a service in the Navy.
“State” applies in that section
the term “State” includes the District of Columbia, American Samoa, the Federated States of Micronesia, Guam, the Republic of the Marshall Islands, the Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico, Palau, and the Virgin Islands.
“appropriate congressional committees” applies in that section
the term “appropriate congressional committees” means— (A) the Committee on Armed Services and the Committee on Help, Education, Labor, and Pensions of the Senate; and (B) the Committee on Armed Services and the Committee on Education and Labor of the House of Representatives. (j) Limitation on Total Fiscal-year Obligations .— The total amount obligated by the Secretary under the Program for any fiscal year may not exceed $15,000,000. (k) Sunset .— The Program shall terminate on July 1, 2029 , with respect to the selection of new participants for the program. Participants in the Program as of that date may complete their program, and remain eligible for benefits under this section.
“charter school” applies in that section
The term “charter school” has the meaning given that term in section 4310 of the Elementary and Secondary Education Act of 1965. (2) Eligible school .—
“elementary school” applies in that section
The terms “elementary school”, “local educational agency”, “secondary school”, and “State” have the meanings given those terms in section 8101 of the Elementary and Secondary Education Act of 1965. (b) Program Authorization .— The Secretary of Defense shall carry out a Troops-to-Teachers Program— (1) to assist eligible members of the armed forces described in subsection (d) to meet the requirements necessary to become a teacher in a school described in paragraph (2); and (2) to facilitate the employment of such members— (A) by local educational agencies or charter schools that the Secretary of Education identifies as— (i) receiving grants under part A of title I of the Elementary and …
“eligible school” applies in that section
The term “eligible school” means— (A) a public school, including a charter school, at which— (i) at least 30 percent of the students enrolled in the school are from families with incomes below 185 percent of poverty level (as defined by the Office of Management and Budget and revised at least annually in accordance with section 9(b)(1) of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1758(b)(1) ) applicable to a family of the size involved; or (ii) at least 13 percent of the students enrolled in the school qualify for assistance under part B of the Individuals with Disabilities Education Act ( 20 U.S.C.
“high-need school” applies in that section
The term “high-need school” means— (A) an elementary or middle school in which at least 50 percent of the enrolled students are children from low-income families, based on the number of children eligible for free and reduced priced lunches under the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 et seq.), the number of children in families receiving assistance under the State program funded under part A of title IV of the Social Security Act ( 42 U.S.C.
“local educational agency” applies in that section
The terms “elementary school”, “local educational agency”, “secondary school”, and “State” have the meanings given those terms in section 8101 of the Elementary and Secondary Education Act of 1965. (b) Program Authorization .— The Secretary of Defense shall carry out a Troops-to-Teachers Program— (1) to assist eligible members of the armed forces described in subsection (d) to meet the requirements necessary to become a teacher in a school described in paragraph (2); and (2) to facilitate the employment of such members— (A) by local educational agencies or charter schools that the Secretary of Education identifies as— (i) receiving grants under part A of title I of the Elementary and …
“member of the armed forces” applies in that section
The term “member of the armed forces” includes a retired or former member of the armed forces. (5) Participant .—
“participant” applies in that section
The term “participant” means an eligible member of the armed forces selected to participate in the Program. (6) Program .—
“Program” applies in that section
The term “Program” means the Troops-to-Teachers Program authorized by this section. (7) Secretary .—
“secondary school” applies in that section
The terms “elementary school”, “local educational agency”, “secondary school”, and “State” have the meanings given those terms in section 8101 of the Elementary and Secondary Education Act of 1965. (b) Program Authorization .— The Secretary of Defense shall carry out a Troops-to-Teachers Program— (1) to assist eligible members of the armed forces described in subsection (d) to meet the requirements necessary to become a teacher in a school described in paragraph (2); and (2) to facilitate the employment of such members— (A) by local educational agencies or charter schools that the Secretary of Education identifies as— (i) receiving grants under part A of title I of the Elementary and …
“Secretary” applies in that section
The term “Secretary” means the Secretary of Defense. (8) Additional terms .—
“State” applies in that section
The terms “elementary school”, “local educational agency”, “secondary school”, and “State” have the meanings given those terms in section 8101 of the Elementary and Secondary Education Act of 1965. (b) Program Authorization .— The Secretary of Defense shall carry out a Troops-to-Teachers Program— (1) to assist eligible members of the armed forces described in subsection (d) to meet the requirements necessary to become a teacher in a school described in paragraph (2); and (2) to facilitate the employment of such members— (A) by local educational agencies or charter schools that the Secretary of Education identifies as— (i) receiving grants under part A of title I of the Elementary and …
“sole survivorship discharge” applies in that section
the term “sole survivorship discharge” means the separation of a member from the armed forces, at the request of the member, pursuant to the Department of Defense policy permitting the early separation of a member who is the only surviving child in a family in which— (A) the father or mother or one or more siblings— (i) served in the armed forces; and (ii) was killed, died as a result of wounds, accident, or disease, is in a captured or missing in action status, or is permanently 100 percent disabled or hospitalized on a continuing basis (and is not employed gainfully because of the disability or hospitalization); and (B) the death, status, or disability did not result from the intentional …
“retirement” applies in that section
the term “retirement” includes a transfer to the Fleet Reserve or Fleet Marine Corps Reserve. (j) Repayment for Members Who Return to Active Duty .— (1) Except as provided in paragraphs (2), (3), and (4), a member of the armed forces who, after having received all or part of voluntary separation pay under this section, returns to active duty shall have deducted from each payment of basic pay, in such schedule of monthly installments as the Secretary concerned shall specify, until the total amount deducted from such basic pay equals the total amount of voluntary separation pay received.
“highest permanent grade” applies in that section
the term “highest permanent grade” means a grade at or below the grade of major general in the Army, Air Force, Marine Corps, or Space Force, or rear admiral in the Navy.
“highest permanent grade” applies in that section
the term “highest permanent grade” means a grade at or below the grade of major general in the Army, Air Force, Marine Corps, or Space Force, or rear admiral in the Navy.
“base index” applies in that section
The term “base index” means the price index for the base quarter for the most recent adjustment under subsection (b).;
“base quarter” applies in that section
The term “base quarter” means the calendar quarter ending on September 30 of each year.;
“price index” applies in that section
The term “price index” means the Consumer Price Index (all items, United States city average) published by the Bureau of Labor Statistics.;
“retired pay” applies in that section
The term “retired pay” includes retainer pay. (h) Price Index for a Quarter .— For purposes of this section, the price index for a calendar quarter is the arithmetical mean of the price index for the three months comprising that quarter.
“Chief of Service” applies in that section
The term “Chief of Service” means any of the following: (i) Chief of Staff of the Army. (ii) Chief of Naval Operations. (iii) Chief of Staff of the Air Force. (iv) Commandant of the Marine Corps. (v) Chief of Space Operations. (vi) Commandant of the Coast Guard.;
“senior enlisted member” applies in that section
The term “senior enlisted member” means any of the following: (i) Sergeant Major of the Army. (ii) Master Chief Petty Officer of the Navy. (iii) Chief Master Sergeant of the Air Force. (iv) Sergeant Major of the Marine Corps. (v) Chief Master Sergeant of the Space Force. (vi) Master Chief Petty Officer of the Coast Guard.
“covered general or flag officer” applies in that section
the term “covered general or flag officer” means a member or former member of a uniformed service who after September 30, 2006 — (1) is retired in a general officer grade or flag officer grade (or an equivalent grade, in the case of an officer of the commissioned corps of the Public Health Service or the National Oceanic and Atmospheric Administration); or (2) is transferred to the Retired Reserve in a general officer grade or flag officer grade.
“child abuse garnishment order” applies in that section
the term “child abuse garnishment order” means a final decree issued by a court that— (A) is issued in accordance with the laws of the jurisdiction of that court; and (B) provides in the nature of garnishment for the enforcement of a judgment rendered against the member for physically, sexually, or emotionally abusing a child.
“court” applies in that section
The term “court” means— (A) any court of competent jurisdiction of any State, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands, the Northern Mariana Islands, and the Trust Territory of the Pacific Islands; (B) any court of the United States (as defined in section 451 of title 28 ) having competent jurisdiction; (C) any court of competent jurisdiction of a foreign country with which the United States has an agreement requiring the United States to honor any court order of such country; and (D) any administrative or judicial tribunal of a State competent to enter orders for support or maintenance (including a State agency administering a …
“court order” applies in that section
The term “court order” means a final decree of divorce, dissolution, annulment, or legal separation issued by a court, or a court ordered, ratified, or approved property settlement incident to such a decree (including a final decree modifying the terms of a previously issued decree of divorce, dissolution, annulment, or legal separation, or a court ordered, ratified, or approved property settlement incident to such previously issued decree), or a support order, as defined in section 453(p) of the Social Security Act ( 42 U.S.C.
“disposable retired pay” applies in that section
The term “disposable retired pay” means the total monthly retired pay to which a member is entitled less amounts which— (i) are owed by that member to the United States for previous overpayments of retired pay and for recoupments required by law resulting from entitlement to retired pay; (ii) are deducted from the retired pay of such member as a result of forfeitures of retired pay ordered by a court-martial or as a result of a waiver of retired pay required by law in order to receive compensation under title 5 or title 38; (iii) in the case of a member entitled to retired pay under chapter 61 of this title, are equal to the amount of retired pay of the member under that chapter computed …
“final decree” applies in that section
The term “final decree” means a decree from which no appeal may be taken or from which no appeal has been taken within the time allowed for taking such appeals under the laws applicable to such appeals, or a decree from which timely appeal has been taken and such appeal has been finally decided under the laws applicable to such appeals. (4);
“member” applies in that section
The term “member” includes a former member entitled to retired pay under section 12731 of this title .;
“retired pay” applies in that section
The term “retired pay” includes retainer pay. (b) Effective Service of Process .— For the purposes of this section— (1) service of a court order is effective if— (A) an appropriate agent of the Secretary concerned designated for receipt of service of court orders under regulations prescribed pursuant to subsection (i) or, if no agent has been so designated, the Secretary concerned, is personally served or is served by facsimile or electronic transmission or by mail; (B) the court order is regular on its face; (C) the court order or other documents served with the court order identify the member concerned and include, if possible, the social security number of such member; and (D) the court …
“spouse or former spouse” applies in that section
The term “spouse or former spouse” means the husband or wife, or former husband or wife, respectively, of a member who, on or before the date of a court order, was married to that member.;
“State” applies in that section
the term “State” includes the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, and American Samoa.;
“years of creditable service” applies in that section
the term “years of creditable service” means the number of years of service creditable to a member in computing the member’s retired or retainer pay (including 1 ⁄ 12 of a year for each full month of service that is in addition to the number of full years of service of the member).
“combat-related disability” applies in that section
the term “combat-related disability” means a disability that is compensable under the laws administered by the Secretary of Veterans Affairs and that— (1) is attributable to an injury for which the member was awarded the Purple Heart; or (2) was incurred (as determined under criteria prescribed by the Secretary of Defense)— (A) as a direct result of armed conflict; (B) while engaged in hazardous service; (C) in the performance of duty under conditions simulating war; or (D) through an instrumentality of war. (f) Coordination With Concurrent Receipt Provision .— Subsection (d) of section 1414 of this title provides for coordination between benefits under that section and under this section.
“retired pay” applies in that section
The term “retired pay” includes retainer pay, emergency officers’ retirement pay, and naval pension.
“service-connected” applies in that section
The term “service-connected” has the meaning given such term in section 101 of title 38 .;
“disability rated as total” applies in that section
The term “disability rated as total” means— (A) a disability, or combination of disabilities, that is rated as total under the standard schedule of rating disabilities in use by the Department of Veterans Affairs; or (B) a disability, or combination of disabilities, for which the scheduled rating is less than total but for which a rating of total is assigned by reason of inability of the disabled person concerned to secure or follow a substantially gainful occupation as a result of disabilities for which veterans’ disability compensation may be paid.
“qualifying service-connected disability” applies in that section
the term “qualifying service-connected disability” means a service-connected disability or combination of service-connected disabilities that is rated as not less than 50 percent disabling by the Secretary of Veterans Affairs.
“retired pay” applies in that section
The term “retired pay” includes retainer pay, emergency officers’ retirement pay, and naval pension. (2) Veterans’ disability compensation .—
“veterans’ disability compensation” applies in that section
The term “veterans’ disability compensation” has the meaning given the term “compensation” in section 101(13) of title 38 . (3) Disability rated as total .—
“covered retired pay” applies in that section
The term “covered retired pay” means retired pay under— (A) this title; (B) title 14; (C) the National Oceanic and Atmospheric Administration Commissioned Officer Corps Act of 2002 ( 33 U.S.C. 3001 et seq.); or (D) the Public Health Service Act ( 42 U.S.C. 201 et seq.). (2) Eligible person .—
“eligible person” applies in that section
The term “eligible person” means a person who— (A) (i) first becomes a member of a uniformed service on or after January 1, 2018 ; or (ii) makes the election described in section 1409(b)(4)(B) or 12739(f)(2) of this title; and (B) does not retire or separate under chapter 61 of this title. (3) Retirement age .—
“retirement age” applies in that section
The term “retirement age” has the meaning given the term in section 216( l ) of the Social Security Act ( 42 U.S.C. 416 ( l )). (b) Election of Lump Sum Payment of Certain Retired Pay.— (1) In general .— An eligible person entitled to covered retired pay (including an eligible person who is entitled to such pay by reason of an election described in subsection (a)(2)(A)(ii)) may elect to receive— (A) a lump sum payment of the discounted present value at the time of the election of an amount of the covered retired pay that the eligible person is otherwise entitled to receive for the period beginning on the date of retirement and ending on the date the eligible person attains the eligible …
“base amount” applies throughout its subchapter
The term “base amount” means the following: (A) Full amount under standard annuity .— In the case of a person who dies after becoming entitled to retired pay, such term means the amount of monthly retired pay (determined without regard to any reduction under section 1409(b)(2) or 1415(b)(1)(B) of this title) to which the person— (i) was entitled when he became eligible for that pay; or (ii) later became entitled by being advanced on the retired list, performing active duty, or being transferred from the temporary disability retired list to the permanent disability retired list.
“court” applies in that section
The term “court” has the meaning given that term by section 1408(a)(1) of this title . (13) Court order.— (A) In general .—
“court order” applies in that section
The term “court order” means a court’s final decree of divorce, dissolution, or annulment or a court ordered, ratified, or approved property settlement incident to such a decree (including a final decree modifying the terms of a previously issued decree of divorce, dissolution, annulment, or legal separation, or of a court ordered, ratified, or approved property settlement agreement incident to such previously issued decree). (B) Final decree .—
“dependent child” applies throughout its subchapter
The term “dependent child” means a person who— (i) is unmarried; (ii) is (I) under 18 years of age, (II) at least 18, but under 22, years of age and pursuing a full-time course of study or training in a high school, trade school, technical or vocational institute, junior college, college, university, or comparable recognized educational institution, or (III) incapable of self support because of a mental or physical incapacity existing before the person’s eighteenth birthday or incurred on or after that birthday, but before the person’s twenty-second birthday, while pursuing such a full-time course of study or training; and (iii) is the child of a person to whom the Plan applies, including …
“final decree” applies in that section
The term “final decree” means a decree from which no appeal may be taken or from which no appeal has been taken within the time allowed for the taking of such appeals under the laws applicable to such appeals, or a decree from which timely appeal has been taken and such appeal has been finally decided under the laws applicable to such appeals. (C) Regular on its face .— The term “regular on its face”, when used in connection with a court order, means a court order that meets the conditions prescribed in section 1408(b)(2) of this title .
“former spouse” applies throughout its subchapter
The term “former spouse” means the surviving former husband or wife of a person who is eligible to participate in the Plan. (11) Dependent child.— (A) In general .—
“Plan” applies throughout its subchapter
The term “Plan” means the Survivor Benefit Plan established by this subchapter. (2) Standard annuity .—
“reserve-component annuity” applies throughout its subchapter
The term “reserve-component annuity” means an annuity provided by virtue of eligibility under section 1448(a)(1)(B) of this title . (4) Retired pay .—
“reserve-component retired pay” applies throughout its subchapter
The term “reserve-component retired pay” means retired pay under chapter 1223 of this title (or under chapter 67 of this title as in effect before the effective date of the Reserve Officer Personnel Management Act). (6) Base amount .—
“retired pay” applies throughout its subchapter
The term “retired pay” includes retainer pay paid under section 8330 of this title . (5) Reserve-component retired pay .—
“standard annuity” applies throughout its subchapter
The term “standard annuity” means an annuity provided by virtue of eligibility under section 1448(a)(1)(A) of this title . (3) Reserve-component annuity .—
“surviving spouse” applies throughout its subchapter
The term “surviving spouse” means a widow or widower. (10) Former spouse .—
“widow” applies throughout its subchapter
The term “widow” means the surviving wife of a person who, if not married to the person at the time he became eligible for retired pay— (A) was married to him for at least one year immediately before his death; or (B) is the mother of issue by that marriage. (8) Widower .—
“widower” applies throughout its subchapter
The term “widower” means the surviving husband of a person who, if not married to the person at the time she became eligible for retired pay— (A) was married to her for at least one year immediately before her death; or (B) is the father of issue by that marriage. (9) Surviving spouse .—
“military retirement and survivor benefit programs” applies throughout its chapter
the term “military retirement and survivor benefit programs” means— (1) the provisions of this title creating entitlement to, or determining the amount of, retired or retainer pay; (2) the programs under the jurisdiction of the Department of Defense providing annuities for survivors of members and former members of the armed forces, including chapter 73 of this title, section 4 of Public Law 92–425 , and section 5 of Public Law 96–402 ; and (3) the authority provided in section 1408(h) of this title .
“State” applies in that section
the term “State” includes the District of Columbia, the Commonwealth of Puerto Rico, and Guam.
“dependent” applies in that section
the term “dependent” has the meaning given such term in section 1072(2) of this title .
“child” applies in that section
The term “child” has the meaning prescribed by section 1477(d) of this title . (f) The payment of expenses incident to the recovery, care, and disposition of a decedent covered by section 1481(a)(9) of this title is limited to the payment of expenses described in paragraphs (1) through (5) of subsection (a) and air transportation of the remains from a location outside the United States to a point of entry in the United States. Such air transportation may be provided without reimbursement on a space-available basis in military or military-chartered aircraft.
“parent” applies in that section
The term “parent” includes a natural parent, a stepparent, a parent by adoption, or a person who for a period of not less than one year before the death of the decedent stood in loco parentis to the decedent. Preference under paragraph (1)(B) shall be given to the persons who exercised a parental relationship at the time of, or most nearly before, the death of the decedent.;
“civilian employee” applies in that section
The term “civilian employee” means a person employed by the Federal Government, including a person entitled to basic pay in accordance with the General Schedule provided in section 5332 of title 5 or a similar basic pay schedule of the Federal Government.;
“contingency operation” applies in that section
The term “contingency operation” includes humanitarian operations, peacekeeping operations, and similar operations.;
“parent” applies in that section
The term “parent” has the meaning given such term in section 1482(e)(5)(A) of this title .;
“Secretary concerned” applies in that section
The term “Secretary concerned” includes the Secretary of Defense with respect to employees of the Department of Defense who are not employees of a military department.
“Army National Military Cemetery” applies in that section
The term “Army National Military Cemetery” means a cemetery specified in section 7721(b) of this title .;
“covered member of the armed forces” applies in that section
The term “covered member of the armed forces” means a member of the armed forces who— (i) has been awarded the Medal of Honor; and (ii) has no known next of kin.
“dependent” applies in that section
the term “dependent” has the meaning given such term in section 1072(2) of this title .
“veteran” applies in that section
the term “veteran” means a decedent who— (1) served in the active military, naval, air, or space service (as defined in section 101(24) of title 38 ) and who was discharged or released therefrom under conditions other than dishonorable; or (2) was a member or former member of the Selected Reserve described in section 2301(f) of title 38 .
“covered employee” applies in that section
The term “covered employee” means a civilian employee— (A) under the jurisdiction of a covered official; and (B) who dies while located or serving overseas.;
“covered official” applies in that section
The term “covered official” means— (A) the Secretary of the military department concerned; and (B) the head of a Defense Agency or Department of Defense Field Activity.;
“covered relative” applies in that section
The term “covered relative” means— (A) the primary next of kin of the covered employee; (B) two family members (other than primary next of kin) of the covered employee; and (C) one or more additional family members of the covered employee, at the discretion of the Secretary a sibling of the covered employee.
“Secretary concerned” applies throughout its chapter
the term “Secretary concerned” includes, in the case of a civilian officer or employee of the Department of Defense or an employee of a contractor of the Department of Defense, the Secretary of the military department or head of the element of the Department of Defense employing the officer or employee or contracting with the contractor, as the case may be.
“cooperative agreement” applies in that section
The term “cooperative agreement” means an authorized cooperative agreement as described in section 6305 of title 31 . (2) Grant .—
“gift” applies in that section
The term “gift” includes a devise or bequest.
“grant” applies in that section
The term “grant” means an authorized grant as described in section 6304 of title 31 . (3) Gift .—
“State” applies in that section
the term “State” includes the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession of the United States.
“classified information” applies throughout its chapter
The term “classified information” means any information the unauthorized disclosure of which (as determined under applicable law and regulations) could reasonably be expected to damage the national security.;
“missing person” applies throughout its chapter
The term “missing person” means— (A) a member of the armed forces on active duty who is in a missing status; or (B) a civilian employee of the Department of Defense or an employee of a contractor of the Department of Defense who serves in direct support of, or accompanies, the armed forces in the field under orders and who is in a missing status. Such term includes an unaccounted for person described in subsection (a) of section 1509 of this title who is required by subsection (c) of such section to be considered a missing person.;
“missing status” applies throughout its chapter
The term “missing status” means the status of a missing person who is determined to be absent in a category of any of the following: (A) Missing. (B) Missing in action. (C) Interned in a foreign country. (D) Captured. (E) Beleaguered. (F) Besieged. (G) Detained in a foreign country against that person’s will.
“survival, evasion, resistance, and escape debriefing” applies throughout its chapter
The term “survival, evasion, resistance, and escape debriefing” means an interview conducted with a person described in section 1501(c) of this title who is returned to United States control in order to record the person’s experiences while surviving, evading, resisting interrogation or exploitation, or escaping.
“theater component commander” applies throughout its chapter
The term “theater component commander” means, with respect to any of the combatant commands, an officer of any of the armed forces who (A) is commander of all forces of that armed force assigned to that combatant command, and (B) is directly subordinate to the commander of the combatant command.;
“military record” applies in that section
the term “military record” means a document or other record that pertains to (1) an individual member or former member of the armed forces, or (2) at the discretion of the Secretary of the military department concerned, any other military matter affecting a member or former member of the armed forces, an employee or former employee of that military department, or a dependent or current or former spouse of any such person. Such term does not include records pertaining to civilian employment matters (such as matters covered by title 5 and chapters 81, 83, 87, 108, 747, 855, 857, 871, and 947 of this title).
“petitioner” applies in that section
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.
“sex-related offense” applies in that section
the term “sex-related offense” means any of the following: (1) Rape or sexual assault under subsection (a) or (b) of section 920 of this title (article 120 of the Uniform Code of Military Justice). (2) Forcible sodomy under section 925 of this title (article 125 of the Uniform Code of Military Justice). (3) An attempt to commit an offense specified in paragraph (1) or (2) as punishable under section 880 of this title (article 80 of the Uniform Code of Military Justice).
“service review agency” applies in that section
the term “service review agency” means— (1) with respect to the Department of the Army, the Army Review Boards Agency; (2) with respect to the Department of the Navy, the Navy Council of Personnel Boards and the Board for Correction of Naval Records; and (3) with respect to the Department of the Air Force, the Department of the Air Force Review Boards Agency.
“Corrections Board” applies in that 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.
“involuntarily board-separated” applies in that section
The term “involuntarily board-separated” means separated or retired from an armed force, or transferred to the Retired Reserve or to inactive status in a reserve component, or the Space Force, as a result of a recommendation of a selection board.
“selection board” applies in that section
The term “selection board” means a selection board convened under section 573(c), 580, 580a, 581, 611(b), 637, 638, 638a, 14101(b), 14701, 14701a, 14704, 14705, or 20403 of this title, and any other board convened by the Secretary of a military department under any authority to recommend persons for appointment, enlistment, reenlistment, assignment, promotion, or retention in the armed forces or for separation, retirement, or transfer to inactive status in a reserve component, or the Space Force, for the purpose of reducing the number of persons serving in the armed forces.
“special board” applies in that section
The term “special board” means a board that the Secretary of a military department convenes under any authority to consider whether to recommend a person for appointment, enlistment, reenlistment, assignment, promotion, retention, separation, retirement, or transfer to inactive status in a reserve component, or the Space Force, instead of referring the records of that person for consideration by a previously convened selection board which considered or should have considered that person. (B) Such term includes a board for the correction of military records convened under section 1552 of this title , if designated as a special board by the Secretary concerned.
“service review agency” applies in that section
the term “service review agency” means— (1) with respect to the Department of the Army, the Army Review Boards Agency; (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 Review Boards Agency.
“independent investigator” applies in that section
The term “independent investigator” means a civilian employee of the Department of Defense or a member of the Army, Navy, Marine Corps, Air Force, or Space Force who— (A) is outside the immediate chain of command of the complainant and the subject of the investigation; and (B) is trained in the investigation of sexual harassment, as determined by— (i) the Secretary of Defense, in the case of a civilian employee of the Department of Defense; (ii) the Secretary of the Army, in the case of a member of the Army; (iii) the Secretary of the Navy, in the case of a member of the Navy or Marine Corps; or (iv) the Secretary of the Air Force, in the case of a member of the Air Force or Space Force.;
“sexual harassment” applies in that section
The term “sexual harassment” means conduct that constitutes the offense of sexual harassment as punishable under section 934 of this title (article 134) pursuant to the regulations prescribed by the Secretary of Defense for purposes of such section (article).
“civilian order of protection” applies in that section
the term “civilian order of protection” has the meaning given the term “protection order” in section 2266(5) of title 18 . (c) Regulations .— The Secretary of Defense shall prescribe regulations to carry out this section. The regulations shall be designed to further good order and discipline by members of the armed forces and civilians present on military installations.
“covered allegation of retaliation” applies in that section
the term “covered allegation of retaliation” means an allegation of retaliation— (1) made by— (A) an alleged victim of sexual assault or sexual harassment; (B) an individual charged with providing services or support to an alleged victim of sexual assault or sexual harassment; (C) a witness or bystander to an alleged sexual assault or sexual harassment; or (D) any other person associated with an alleged victim of a sexual assault or sexual harassment; and (2) without regard to whether the allegation is reported to or investigated or inquired into by— (A) the Department of Defense Inspector General, the Inspector General of the Department of Homeland Security, or any other inspector general; …
“Member of Congress” applies in that section
the term “Member of Congress” means— (1) a Senator; or (2) a Representative in, or a Delegate or Resident Commissioner to, Congress.
“fraud against the United States” applies in that section
The term “fraud against the United States” means a violation of section 932 of this title (article 132 of the Uniform Code of Military Justice). (d) Annual Review .— The Secretary shall conduct an annual review of the process prescribed under subsection (a) and shall revise that process as determined necessary in relation to ongoing Department of Defense missions. (e) Consultation Requirement .— The Secretary shall consult with the Secretaries of the military departments and the heads of Defense Agencies in carrying out this section.
“sexual assault” applies in that section
The term “sexual assault” includes rape, sexual assault, forcible sodomy, aggravated sexual contact, abusive sexual contact, and attempts to commit such offenses, as those terms are defined in chapter 47 of this title (the Uniform Code of Military Justice).;
“sexual harassment” applies in that section
The term “sexual harassment” has the meaning given that term in section 1561 of this title .;
“covered foreign individual” applies in that section
the term “covered foreign individual” means an individual who meets the following criteria: (1) The individual is— (A) a national of a foreign state; (B) a national of the United States (as such term is defined in section 101 of the Immigration and Nationality Act ( 8 U.S.C. 1101 )) and also a national of a foreign state; or (C) an alien who is lawfully admitted for permanent residence (as such term is defined in section 101 of the Immigration and Nationality Act ( 8 U.S.C. 1101 )). (2) The individual is either— (A) a civilian employee of the Department of Defense or a contractor of the Department; or (B) a member of the armed forces.
“DNA analysis” applies in that section
The term “DNA analysis” means analysis of the deoxyribonucleic acid (DNA) identification information in a bodily sample. (d) Qualifying Military Offenses .— The offenses that shall be treated for purposes of this section as qualifying military offenses are the following offenses, as determined by the Secretary of Defense, in consultation with the Attorney General: (1) Any offense under the Uniform Code of Military Justice for which a sentence of confinement for more than one year may be imposed.
“DNA sample” applies in that section
The term “DNA sample” means a tissue, fluid, or other bodily sample of an individual on which a DNA analysis can be carried out.;
“qualifying offense” applies in that section
the term “qualifying offense” means any of the following offenses: (A) A qualifying Federal offense, as determined under section 3 of the DNA Analysis Backlog Elimination Act of 2000. (B) A qualifying District of Columbia offense, as determined under section 4 of the DNA Analysis Backlog Elimination Act of 2000. (C) A qualifying military offense. (3) For purposes of paragraph (1), a court order is not “final” if time remains for an appeal or application for discretionary review with respect to the order.
“DNA sample” applies in that section
the term “DNA sample” has the meaning given such term in section 1565(c) of this title .
“sexual assault” applies in that section
The term “sexual assault” includes the offenses of rape, sexual assault, forcible sodomy, aggravated sexual contact, abusive sexual contact, and attempts to commit such offenses, as punishable under applicable Federal or State law. (2) State .—
“State” applies in that section
The term “State” includes the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, and any territory or possession of the United States.
“general Federal election month” applies in that section
the term “general Federal election month” means November in an even-numbered year. (h) Notice of Deadlines and Requirements .— The Secretary of each military department, utilizing the voting assistance officer network established for each military installation, shall, to the maximum extent practicable, provide notice to members of the armed forces stationed at that installation of the last date before a general Federal election for which absentee ballots mailed from a postal facility located at that installation can reasonably be expected to be timely delivered to the appropriate State and local election officials.
“voting assistance programs” applies in that section
the term “voting assistance programs” means— (1) the Federal Voting Assistance Program carried out under the Uniformed and Overseas Citizens Absentee Voting Act ( 42 U.S.C. 1973ff et seq.); 1 and (2) any similar program. (c) Annual Effectiveness and Compliance Reviews .— (1) The Inspector General of each of the Army, Navy, Air Force, Marine Corps, and Space Force shall conduct— (A) an annual review of the effectiveness of voting assistance programs; and (B) an annual review of the compliance with voting assistance programs of that armed force.
“absent uniformed services voter” applies in that section
The term “absent uniformed services voter” has the meaning given that term in section 107(1) of the Uniformed and Overseas Citizens Absentee Voting Act ( 42 U.S.C. 1973ff–6(1) ). 1;
“Federal office” applies in that section
The term “Federal office” has the meaning given that term in section 107(3) of the Uniformed and Overseas Citizens Absentee Voting Act ( 42 U.S.C. 1973ff–6(3) ). 1;
“Presidential designee” applies in that section
The term “Presidential designee” means the official designated by the President under section 101(a) of the Uniformed and Overseas Citizens Absentee Voting Act ( 42 U.S.C. 1973ff(a) ). 1
“combat zone” applies in that section
The term “combat zone” has the meaning given that term in section 112(c)(2) of the Internal Revenue Code of 1986.;
“nonappropriated fund instrumentality employee” applies in that section
The term “nonappropriated fund instrumentality employee” has the meaning given that term in section 1587(a)(1) of this title .
“DCIS special agent” applies in that section
the term “DCIS special agent” means an employee of the Department of Defense who is a special agent of the Defense Criminal Investigative Service (or any successor to that service).
“grade” applies in that section
The term “grade” means, as applicable, a grade of the General Schedule as prescribed in section 5104 of title 5 or a grade or level of the appropriate prevailing rate schedule. (h) The Secretary of Defense may, under such regulations as he may prescribe, make the provisions of subsections (a) through (g) applicable to civilian employees of the Department of Defense who are residents of Guam, the Virgin Islands, or the Commonwealth of Puerto Rico at the time of their employment by the Department of Defense in the same manner as if the references in such subsections to the United States (when used in a geographical sense) were references to Guam, the Virgin Islands, or the Commonwealth of …
“rotation” applies in that section
The term “rotation” means the assignment of civilian employees referred to in subsection (b) to duty outside the United States and the return of such employees to duty within the United States.;
“civilian employee” applies in that section
The term “civilian employee” has the meaning given the term “employee” by section 2105(a) of title 5 . (3) The term “personnel action”, with respect to a nonappropriated fund instrumentality employee (or an applicant for a position as such an employee), means— (A) an appointment; (B) a promotion; (C) a disciplinary or corrective action; (D) a detail, transfer, or reassignment; (E) a reinstatement, restoration, or reemployment; (F) a decision concerning pay, benefits, or awards, or concerning education or training if the education or training may reasonably be expected to lead to an appointment, promotion, or other action described in this paragraph; and (G) any other significant change in …
“nonappropriated fund instrumentality employee” applies in that section
The term “nonappropriated fund instrumentality employee” means a civilian employee who is paid from nonappropriated funds of Army and Air Force Exchange Service, Navy Exchange Service Command, Marine Corps exchanges, or any other instrumentality of the United States under the jurisdiction of the armed forces which is conducted for the comfort, pleasure, contentment, or physical or mental improvement of members of the armed forces.
“compensation” applies in that section
The term “compensation” includes rate of basic pay.;
“Senior Executive Service position” applies in that section
The term “Senior Executive Service position” has the meaning given such term in section 3132 of title 5 .
“employee” applies in that section
the term “employee” includes a civilian officer. (b) Designated Entities .— The Secretary of Defense, and the Secretary of Homeland Security in the case of the Coast Guard when it is not operating as a service in the Navy, shall designate those entities for which authorization under subsection (a) may be provided. The list of entities so designated may not be revised more frequently than semiannually. In making such designations, the Secretary shall designate each military welfare society named in paragraph (2) of section 1033(b) of this title and may designate any other entity described in paragraph (3) of such section. No other entities may be designated.
“Secretary concerned” applies in that section
the term “Secretary concerned” includes the Secretary of Defense with respect to employees of the Department of Defense who are not employees of a military department. (e) Regulations .— The Secretary of Defense, and the Secretary of Homeland Security in the case of the Coast Guard when it is not operating as a service in the Navy, shall prescribe regulations to carry out this section.
“congressional employee” applies in that section
The term “congressional employee” means an employee of a Member of Congress or an employee of Congress.;
“Member of Congress” applies in that section
The term “Member of Congress” means a member of the Senate or the House of Representatives, a Delegate to the House of Representatives, and the Resident Commissioner from Puerto Rico.;
“Secretary concerned” applies in that section
The term “Secretary concerned” includes the Secretary of Defense with respect to civilian employees of the Department of Defense other than a military department.
“financial institution” applies in that section
The term “financial institution” means a bank, savings and loan association, or similar institution or a credit union chartered by the United States or a State.;
“pay” applies in that section
The term “pay” includes allowances.
“linguistic services” applies in that section
the term “linguistic services” means translation or interpretation of communication in a foreign language.
“abroad” applies in that section
the term “abroad” means outside— (1) the United States; and (2) the territories and possessions of the United States.
“financial management position” applies in that section
the term “financial management position” means a position or group of positions (including civilian and military positions), as designated by the Secretary for purposes of this section, that perform, supervise, or manage work of a fiscal, financial management, accounting, auditing, cost, or budgetary nature, or that require the performance of financial management-related work.
“appropriate committees of Congress” applies in that section
The term “appropriate committees of Congress” means— (A) the Committee on Armed Services, the Committee on Homeland Security and Governmental Affairs, and the Committee on Appropriations of the Senate; and (B) the Committee on Armed Services, the Committee on Oversight and Government Reform, and the Committee on Appropriations of the House of Representatives.;
“collective bargaining agreement” applies in that section
The term “collective bargaining agreement” has the meaning given that term in section 7103(a)(8) of title 5 .;
“excepted service” applies in that section
The term “excepted service” has the meaning given that term in section 2103 of title 5 .;