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10 U.S.C. § 1554 (ARMED FORCES)
§ 1554. Review of retirement or separation without pay for physical disability
(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.
(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.)
heading: Historical and Revision Notes
text: Sections 1553 and 1554 are restated, without substantive change, to conform to the style adopted for title 10.
heading: Amendments
text: 2011—Subsec. (a). Pub. L. 111–383 substituted “a member or former member of the uniformed services” for “an officer” and “the member’s case” for “his case”.
1989—Subsec. (c). Pub. L. 101–189 substituted “Secretary of Veterans Affairs” for “Administrator of Veterans’ Affairs”.
1962—Pub. L. 87–651 amended section generally without substantive change to conform to the style adopted for the revision of this title.
heading: Effective Date
text: Section effective Jan. 1, 1959, see section 2 of Pub. L. 85–857, set out as a note preceding Part I of Title 38, Veterans’ Benefits.
heading: Transfer of Functions
text: For transfer of functions of Public Health Service, see note set out under section 802 of this title.
10 U.S.C. § 1555 (ARMED FORCES)
§ 1555. Professional staff
(a) The Secretary of each military department shall assign to the staff of the service review agency of that military department at least one attorney and at least one physician. Such assignments shall be made on a permanent, full-time basis and may be made from members of the armed forces or civilian employees.
(b) Personnel assigned pursuant to subsection (a)—
(1) shall work under the supervision of the director or executive director (as the case may be) of the service review agency; and
(2) shall be assigned duties as advisers to the director or executive director or other staff members on legal and medical matters, respectively, that are being considered by the agency.
(c) In this 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 Air Force Review Boards Agency.
(Added Pub. L. 105–261, div. A, title V, § 542(a)(1), Oct. 17, 1998, 112 Stat. 2020; amended Pub. L. 106–65, div. A, title V, § 582, Oct. 5, 1999, 113 Stat. 634.)
heading: Amendments
text: 1999—Subsec. (c)(2). Pub. L. 106–65 inserted “the Navy Council of Personnel Boards and” after “Department of the Navy,”.
heading: Effective Date
text: Pub. L. 105–261, div. A, title V, § 542(b), Oct. 17, 1998, 112 Stat. 2020, provided that: “Section 1555 of title 10, United States Code, as added by subsection (a), shall take effect 180 days after the date of the enactment of this Act [Oct. 17, 1998].”
10 U.S.C. § 1556 (ARMED FORCES)
§ 1556. Ex parte communications prohibited
(a) In General.—
The Secretary of each military department shall ensure that an applicant seeking corrective action by the Army Review Boards Agency, the Air Force Review Boards Agency, or the Board for Correction of Naval Records, as the case may be, is provided a copy of all correspondence and communications (including summaries of verbal communications) to or from the agency or board, or a member of the staff of the agency or board, with an entity or person outside the agency or board that pertain directly to the applicant’s case or have a material effect on the applicant’s case.
(b) Exceptions.—
Subsection (a) does not apply to the following:
(1) Classified information.
(2) Information the release of which is otherwise prohibited by law or regulation.
(3) Any record previously provided to the applicant or known to be possessed by the applicant.
(4) Any correspondence that is purely administrative in nature.
(5) Any military record that is (or may be) provided to the applicant by the Secretary of the military department or other source.
(Added Pub. L. 105–261, div. A, title V, § 543(a)(1), Oct. 17, 1998, 112 Stat. 2020.)
heading: Effective Date
text: Pub. L. 105–261, div. A, title V, § 543(b), Oct. 17, 1998, 112 Stat. 2021, provided that: “Section 1556 of title 10, United States Code, as added by subsection (a), shall apply with respect to correspondence and communications made 60 days or more after the date of the enactment of this Act [Oct. 17, 1998].”
10 U.S.C. § 1559 (ARMED FORCES)
§ 1559. Personnel limitation
(a) Limitation.—
Before December 31, 2016, the Secretary of a military department may not carry out any reduction in the number of military and civilian personnel assigned to duty with the service review agency for that military department below the baseline number for that agency until—
(1) the Secretary submits to Congress a report that—
(A) describes the reduction proposed to be made;
(B) provides the Secretary’s rationale for that reduction; and
(C) specifies the number of such personnel that would be assigned to duty with that agency after the reduction; and
(2) a period of 90 days has elapsed after the date on which the report is submitted.
(b) Baseline Number.—
The baseline number for a service review agency under this section is—
(1) for purposes of the first report with respect to a service review agency under this section, the number of military and civilian personnel assigned to duty with that agency as of January 1, 2002; and
(2) for purposes of any subsequent report with respect to a service review agency under this section, the number of such personnel specified in the most recent report with respect to that agency under this section.
(c) Service Review Agency Defined.—
In this 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 Air Force Review Boards Agency.
(Added Pub. L. 107–314, div. A, title V, § 552(a), Dec. 2, 2002, 116 Stat. 2552; amended Pub. L. 108–375, div. A, title V, § 581, Oct. 28, 2004, 118 Stat. 1928; Pub. L. 110–417, [div. A], title V, § 593, Oct. 14, 2008, 122 Stat. 4475; Pub. L. 111–383, div. A, title V, § 533(b), Jan. 7, 2011, 124 Stat. 4216; Pub. L. 112–239, div. A, title V, § 520, title X, § 1076(b)(2), Jan. 2, 2013, 126 Stat. 1722, 1949.)
heading: Amendments
text: 2013—Subsec. (a). Pub. L. 112–239, § 1076(b)(2), made technical amendment to directory language of Pub. L. 111–383. See 2011 Amendment note below.
Pub. L. 112–239, § 520, substituted “December 31, 2016” for “December 31, 2013”.
2011—Subsec. (a). Pub. L. 111–383, as amended by Pub. L. 112–239, § 1076(b)(2), substituted “December 31, 2013” for “December 31, 2010” in introductory provisions.
2008—Subsec. (a). Pub. L. 110–417 substituted “December 31, 2010” for “October 1, 2008” in introductory provisions.
2004—Subsec. (a). Pub. L. 108–375 substituted “Before October 1, 2008,” for “During fiscal years 2003, 2004, and 2005,”.
heading: Effective Date of 2013 Amendment
text: Pub. L. 112–239, div. A, title X, § 1076(b), Jan. 2, 2013, 126 Stat. 1949, provided that the amendment made by section 1076(b)(2) is effective Jan. 7, 2011, and as if included in Pub. L. 111–383 as enacted.
10 U.S.C. § 1561a (ARMED FORCES)
§ 1561a. Civilian orders of protection: force and effect on military installations
(a) Force and Effect.—
A civilian order of protection shall have the same force and effect on a military installation as such order has within the jurisdiction of the court that issued such order.
(b) Civilian Order of Protection Defined.—
In this 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.
(Added Pub. L. 107–311, § 2(a), Dec. 2, 2002, 116 Stat. 2455.)
10 U.S.C. § 1563 (ARMED FORCES)
§ 1563. Consideration of proposals for posthumous and honorary promotions and appointments: procedures for review
(a) Review by Secretary Concerned.—
Upon request of a Member of Congress, the Secretary concerned shall review a proposal for the posthumous or honorary promotion or appointment of a member or former member of the armed forces, or any other person considered qualified, that is not otherwise authorized by law. Based upon such review, the Secretary shall make a determination as to the merits of approving the posthumous or honorary promotion or appointment.
(b) Notice of Results of Review.—
Upon making a determination under subsection (a) as to the merits of approving the posthumous or honorary promotion or appointment, the Secretary concerned shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives and to the requesting Member of Congress a detailed discussion of the rationale supporting the determination.
(c) Definition.—
In this section, the term “Member of Congress” means—
(1) a Senator; or
(2) a Representative in, or a Delegate or Resident Commissioner to, Congress.
(Added Pub. L. 106–398, § 1 [[div. A], title V, § 542(a)], Oct. 30, 2000, 114 Stat. 1654, 1654A–114; Pub. L. 108–136, div. A, title X, § 1031(a)(11), Nov. 24, 2003, 117 Stat. 1597.)
heading: Amendments
text: 2003—Pub. L. 108–136, § 1031(a)(11)(B), struck out “and recommendation” after “review” in section catchline.
Subsec. (a). Pub. L. 108–136, § 1031(a)(11)(A)(i), struck out “and the other determinations necessary to comply with subsection (b)” before period at end.
Subsec. (b). Pub. L. 108–136, § 1031(a)(11)(A)(ii), substituted “a detailed discussion of the rationale supporting the determination.” for “notice in writing of one of the following:
“(1) The posthumous or honorary promotion or appointment does not warrant approval on the merits.
“(2) The posthumous or honorary promotion or appointment warrants approval and authorization by law for the promotion or appointment is recommended.
“(3) The posthumous or honorary promotion or appointment warrants approval on the merits and has been recommended to the President as an exception to policy.
“(4) The posthumous or honorary promotion or appointment warrants approval on the merits and authorization by law for the promotion or appointment is required but is not recommended.
A notice under paragraph (1) or (4) shall be accompanied by a statement of the reasons for the decision of the Secretary.”
10 U.S.C. § 1565a (ARMED FORCES)
§ 1565a. DNA samples maintained for identification of human remains: use for law enforcement purposes
(a) Compliance with Court Order.—
(1) Subject to paragraph (2), if a valid order of a Federal court (or military judge) so requires, an element of the Department of Defense that maintains a repository of DNA samples for the purpose of identification of human remains shall make available, for the purpose specified in subsection (b), such DNA samples on such terms and conditions as such court (or military judge) directs.
(2) A DNA sample with respect to an individual shall be provided under paragraph (1) in a manner that does not compromise the ability of the Department of Defense to maintain a sample with respect to that individual for the purpose of identification of human remains.
(b) Covered Purpose.—
The purpose referred to in subsection (a) is the purpose of an investigation or prosecution of a felony, or any sexual offense, for which no other source of DNA information is reasonably available.
(c) Definition.—
In this section, the term “DNA sample” has the meaning given such term in section 1565(c) of this title.
(Added Pub. L. 107–314, div. A, title X, § 1063(a), Dec. 2, 2002, 116 Stat. 2653.)
10 U.S.C. § 1565b (ARMED FORCES)
§ 1565b. Victims of sexual assault: access to legal assistance and services of Sexual Assault Response Coordinators and Sexual Assault Victim Advocates
(a) Availability of Legal Assistance and Victim Advocate Services.—
(1) A member of the armed forces, or a dependent of a member, who is the victim of a sexual assault may be provided the following:
(A) Legal assistance provided by military or civilian legal assistance counsel pursuant to section 1044 of this title.
(B) Assistance provided by a Sexual Assault Response Coordinator.
(C) Assistance provided by a Sexual Assault Victim Advocate.
(2) A member of the armed forces or dependent who is the victim of sexual assault shall be informed of the availability of assistance under paragraph (1) as soon as the member or dependent seeks assistance from a Sexual Assault Response Coordinator, a Sexual Assault Victim Advocate, a military criminal investigator, a victim/witness liaison, or a trial counsel. The member or dependent shall also be informed that the legal assistance and the services of a Sexual Assault Response Coordinator or a Sexual Assault Victim Advocate under paragraph (1) are optional and may be declined, in whole or in part, at any time.
(3) Legal assistance and the services of Sexual Assault Response Coordinators and Sexual Assault Victim Advocates under paragraph (1) shall be available to a member or dependent regardless of whether the member or dependent elects unrestricted or restricted (confidential) reporting of the sexual assault.
(b) Restricted Reporting.—
(1) Under regulations prescribed by the Secretary of Defense, a member of the armed forces, or a dependent of a member, who is the victim of a sexual assault may elect to confidentially disclose the details of the assault to an individual specified in paragraph (2) and receive medical treatment, legal assistance under section 1044 of this title, or counseling, without initiating an official investigation of the allegations.
(2) The individuals specified in this paragraph are the following:
(A) A Sexual Assault Response Coordinator.
(B) A Sexual Assault Victim Advocate.
(C) Healthcare personnel specifically identified in the regulations required by paragraph (1).
(Added Pub. L. 112–81, div. A, title V, § 581(b)(1), Dec. 31, 2011, 125 Stat. 1431.)
heading: Legal Assistance for Victims of Sexual Assault
text: Pub. L. 112–81, div. A, title V, § 581(a), Dec. 31, 2011, 125 Stat. 1430, provided that: “Not later than 180 days after the date of the enactment of this Act [Dec. 31, 2011], the Secretaries of the military departments shall prescribe regulations on the provision of legal assistance to victims of sexual assault. Such regulations shall require that legal assistance be provided by military or civilian legal assistance counsel pursuant to section 1044 of title 10, United States Code.”
10 U.S.C. § 1567 (ARMED FORCES)
§ 1567. Duration of military protective orders
A military protective order issued by a military commander shall remain in effect until such time as the military commander terminates the order or issues a replacement order.
(Added Pub. L. 110–417, [div. A], title V, § 561(a), Oct. 14, 2008, 122 Stat. 4470; amended Pub. L. 111–84, div. A, title X, § 1073(a)(16), Oct. 28, 2009, 123 Stat. 2473.)
heading: Amendments
text: 2009—Pub. L. 111–84 made technical amendment to section catchline.
10 U.S.C. § 1567a (ARMED FORCES)
§ 1567a. Mandatory notification of issuance of military protective order to civilian law enforcement
(a) Initial Notification.—
In the event a military protective order is issued against a member of the armed forces and any individual involved in the order does not reside on a military installation at any time during the duration of the military protective order, the commander of the military installation shall notify the appropriate civilian authorities of—
(1) the issuance of the protective order; and
(2) the individuals involved in the order.
(b) Notification of Changes or Termination.—
The commander of the military installation also shall notify the appropriate civilian authorities of—
(1) any change made in a protective order covered by subsection (a); and
(2) the termination of the protective order.
(Added Pub. L. 110–417, [div. A], title V, § 562(a), Oct. 14, 2008, 122 Stat. 4470; amended Pub. L. 111–84, div. A, title X, § 1073(a)(17), Oct. 28, 2009, 123 Stat. 2473.)
heading: Amendments
text: 2009—Pub. L. 111–84 made technical amendment to section catchline.
10 U.S.C. § 1580 (ARMED FORCES)
§ 1580. Emergency essential employees: designation
(a) Criteria for Designation.—
The Secretary of Defense or the Secretary of the military department concerned may designate as an emergency essential employee any employee of the Department of Defense, whether permanent or temporary, the duties of whose position meet all of the following criteria:
(1) It is the duty of the employee to provide immediate and continuing support for combat operations or to support maintenance and repair of combat essential systems of the armed forces.
(2) It is necessary for the employee to perform that duty in a combat zone after the evacuation of nonessential personnel, including any dependents of members of the armed forces, from the zone in connection with a war, a national emergency declared by Congress or the President, or the commencement of combat operations of the armed forces in the zone.
(3) It is impracticable to convert the employee’s position to a position authorized to be filled by a member of the armed forces because of a necessity for that duty to be performed without interruption.
(b) Eligibility of Employees of Nonappropriated Fund Instrumentalities.—
A nonappropriated fund instrumentality employee is eligible for designation as an emergency essential employee under subsection (a).
(c) Definitions.—
In this section:
(1) The term “combat zone” has the meaning given that term in section 112(c)(2) of the Internal Revenue Code of 1986.
(2) The term “nonappropriated fund instrumentality employee” has the meaning given that term in section 1587(a)(1) of this title.
(Added Pub. L. 106–65, div. A, title XI, § 1103(b)(1), Oct. 5, 1999, 113 Stat. 776.)
heading: References in Text
text: Section 112(c)(2) of the Internal Revenue Code of 1986, referred to in subsec. (c)(1), is classified to section 112(c)(2) of Title 26, Internal Revenue Code.
heading: Prior Provisions
text: A prior section 1580, added Pub. L. 87–651, title II, § 206(a), Sept. 7, 1962, 76 Stat. 519, related to appointment of civilian employees by the Secretary of Defense, prior to repeal by Pub. L. 89–554, § 8(a), Sept. 6, 1966, 80 Stat. 663.
10 U.S.C. § 1580a (ARMED FORCES)
§ 1580a. Emergency essential employees: notification of required participation in anthrax vaccine immunization program
The Secretary of Defense shall—
(1) prescribe regulations for the purpose of ensuring that any civilian employee of the Department of Defense who is determined to be an emergency essential employee and who is required to participate in the anthrax vaccine immunization program is notified of the requirement to participate in the program and the consequences of a decision not to participate; and
(2) ensure that any individual who is being considered for a position as such an employee is notified of the obligation to participate in the program before being offered employment in such position.
(Added Pub. L. 106–398, § 1 [[div. A], title VII, § 751(c)(1)], Oct. 30, 2000, 114 Stat. 1654, 1654A–194.)
10 U.S.C. § 1582 (ARMED FORCES)
§ 1582. Assistive technology, assistive technology devices, and assistive technology services
(a) Authority.—
The Secretary of Defense may provide assistive technology, assistive technology devices, and assistive technology services to the following:
(1) Department of Defense employees with disabilities.
(2) Organizations within the Department that have requirements to make programs or facilities accessible to, and usable by, persons with disabilities.
(3) Any other department or agency of the Federal Government, upon the request of the head of that department or agency, for its employees with disabilities or for satisfying a requirement to make its programs or facilities accessible to, and usable by, persons with disabilities.
(b) Definitions.—
In this section, the terms “assistive technology”, “assistive technology device”, “assistive technology service”, and “disability” have the meanings given those terms in section 3 of the Assistive Technology Act of 1998 (29 U.S.C. 3002).
(Added Pub. L. 106–398, § 1 [[div. A], title XI, § 1102(a)], Oct. 30, 2000, 114 Stat. 1654, 1654A–311.)
heading: Prior Provisions
text: A prior section 1582, acts Aug. 10, 1956, ch. 1041, 70A Stat. 118; Sept. 2, 1958, Pub. L. 85–861, § 1(35), 72 Stat. 1456; Sept. 23, 1959, Pub. L. 86–377, § 3, 73 Stat. 701, directed Secretary of Defense to report annually to Congress on civilian research and development personnel employed by Department of Defense under former section 1581 of this title, prior to repeal by Pub. L. 97–295, § 1(19)(A), Oct. 12, 1982, 96 Stat. 1290.
10 U.S.C. § 1583 (ARMED FORCES)
§ 1583. Employment of certain persons without pay
The Secretary of Defense and the Secretaries of the military departments may each employ, without pay, not more than 10 persons of outstanding experience and ability. However, a person so employed may be allowed transportation, and not more than $15 a day instead of subsistence, while away from his home or regular place of business pursuant to employment under this section.
(Aug. 10, 1956, ch. 1041, 70A Stat. 118; Pub. L. 89–718, § 14, Nov. 2, 1966, 80 Stat. 1117; Pub. L. 97–295, § 1(20)(A), (B), Oct. 12, 1982, 96 Stat. 1290; Pub. L. 112–81, div. A, title XI, § 1111, Dec. 31, 2011, 125 Stat. 1616.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
1583(a)
5:171v (less words of 1st sentence after semicolon).
Jan. 6, 1951, ch. 1213, subch. VII, § 704, 64 Stat. 1235.
1583(b)
5:171v (words of 1st sentence after semicolon).
heading: Amendments
text: 2011—Pub. L. 112–81, § 1111(2), inserted “each” after “may” in first sentence.
Pub. L. 112–81, § 1111(1), which directed amendment of first sentence by inserting “and the Secretaries of the military departments” after “the Secretary of Defense”, was executed by making the insertion after “The Secretary of Defense” to reflect the probable intent of Congress.
1982—Pub. L. 97–295 substituted “pay” for “compensation” in section catchline and text.
1966—Pub. L. 89–718 struck out designation “(a)” at beginning of section and repealed subsec. (b) which authorized the Secretary, by regulation, to exempt persons employed under provisions formerly designated subsec. (a) from former sections 281, 283, 284, 434, and 1914 of title 18 and former section 99 of title 5.