10 U.S.C. § 1554

Current through P.L. 118-47 (published on www.congress.gov on 03/23/2024)

Section 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.

10 U.S.C. § 1554

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.

HISTORICAL AND REVISION NOTES Sections 1553 and 1554 are restated, without substantive change, to conform to the style adopted for title 10.

EDITORIAL NOTES

AMENDMENTS2011-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.

STATUTORY NOTES AND RELATED SUBSIDIARIES

EFFECTIVE DATE 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.

EXECUTIVE DOCUMENTS

TRANSFER OF FUNCTIONSFor transfer of functions of Public Health Service, see note set out under section 802 of this title.

Secretary concerned: The term "Secretary concerned" means-(A) the Secretary of the Army, with respect to matters concerning the Army;(B) the Secretary of the Navy, with respect to matters concerning the Navy, the Marine Corps, and the Coast Guard when it is operating as a service in the Department of the Navy;(C) the Secretary of the Air Force, with respect to matters concerning the Air Force and the Space Force; and(D) the Secretary of Homeland Security, with respect to matters concerning the Coast Guard when it is not operating as a service in the Department of the Navy.
active duty: The term "active duty" means full-time duty in the active military service of the United States, including sustained duty in the Space Force. Such term includes full-time training duty, annual training duty, and attendance, while in the active military service, at a school designated as a service school by law or by the Secretary of the military department concerned. Such term does not include full-time National Guard duty.
armed forces: The term "armed forces" means the Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard.
officer: The term "officer" means a commissioned or warrant officer.
pay: The term "pay" includes basic pay, special pay, retainer pay, incentive pay, retired pay, and equivalent pay, but does not include allowances.
uniformed services: The term "uniformed services" means-(A) the armed forces;(B) the commissioned corps of the National Oceanic and Atmospheric Administration; and(C) the commissioned corps of the Public Health Service.