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U.S. Code as of:
01/19/04
Section 1552. Correction of military records: claims incident thereto
(a)(1) The Secretary of a military department may correct any
military record of the Secretary's department when the Secretary
considers it necessary to correct an error or remove an injustice.
Except as provided in paragraph (2), such corrections shall be made
by the Secretary acting through boards of civilians of the
executive part of that military department. The Secretary of
Homeland Security may in the same manner correct any military
record of the Coast Guard.
(2) The Secretary concerned is not required to act through a
board in the case of the correction of a military record announcing
a decision that a person is not eligible to enlist (or reenlist) or
is not accepted for enlistment (or reenlistment) or announcing the
promotion and appointment of an enlisted member to an initial or
higher grade or the decision not to promote an enlisted member to a
higher grade. Such a correction may be made only if the correction
is favorable to the person concerned.
(3) Corrections under this section shall be made under procedures
established by the Secretary concerned. In the case of the
Secretary of a military department, those procedures must be
approved by the Secretary of Defense.
(4) Except when procured by fraud, a correction under this
section is final and conclusive on all officers of the United
States.
(b) No correction may be made under subsection (a)(1) unless the
claimant or his heir or legal representative files a request for
the correction within three years after he discovers the error or
injustice. However, a board established under subsection (a)(1) may
excuse a failure to file within three years after discovery if it
finds it to be in the interest of justice.
(c) The Secretary concerned may pay, from applicable current
appropriations, a claim for the loss of pay, allowances,
compensation, emoluments, or other pecuniary benefits, or for the
repayment of a fine or forfeiture, if, as a result of correcting a
record under this section, the amount is found to be due the
claimant on account of his or another's service in the Army, Navy,
Air Force, Marine Corps, or Coast Guard, as the case may be, or on
account of his or another's service as a civilian employee. If the
claimant is dead, the money shall be paid, upon demand, to his
legal representative. However, if no demand for payment is made by
a legal representative, the money shall be paid -
(1) to the surviving spouse, heir, or beneficiaries, in the
order prescribed by the law applicable to that kind of payment;
(2) if there is no such law covering order of payment, in the
order set forth in section 2771 of this title; or
(3) as otherwise prescribed by the law applicable to that kind
of payment.
A claimant's acceptance of a settlement under this section fully
satisfies the claim concerned. This section does not authorize the
payment of any claim compensated by private law before October 25,
1951.
(d) Applicable current appropriations are available to continue
the pay, allowances, compensation, emoluments, and other pecuniary
benefits of any person who was paid under subsection (c), and who,
because of the correction of his military record, is entitled to
those benefits, but for not longer than one year after the date
when his record is corrected under this section if he is not
reenlisted in, or appointed or reappointed to, the grade to which
those payments relate. Without regard to qualifications for
reenlistment, or appointment or reappointment, the Secretary
concerned may reenlist a person in, or appoint or reappoint him to,
the grade to which payments under this section relate.
(e) No payment may be made under this section for a benefit to
which the claimant might later become entitled under the laws and
regulations administered by the Secretary of Veterans Affairs.
(f) With respect to records of courts-martial and related
administrative records pertaining to court-martial cases tried or
reviewed under chapter 47 of this title (or under the Uniform Code
of Military Justice (Public Law 506 of the 81st Congress)), action
under subsection (a) may extend only to -
(1) correction of a record to reflect actions taken by
reviewing authorities under chapter 47 of this title (or under
the Uniform Code of Military Justice (Public Law 506 of the 81st
Congress)); or
(2) action on the sentence of a court-martial for purposes of
clemency.
(g) In this 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,
373, 605, 607, 643, and 873 of this title).
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