(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:
Open Table
| 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 Air Force Board for Correction of Military Records.
Amendments
2004—Subsec. (b). Pub. L. 108–375 substituted "Final" for "Effective October 1, 2002, final".
1999—Subsec. (e). Pub. L. 106–65 substituted "and the Committee on Armed Services" for "and the Committee on National Security".
Termination of Reporting Requirements
For termination, effective Dec. 31, 2021, of provisions in subsec. (e) of this section requiring submittal of report to Congress, see section 1061 of Pub. L. 114–328, set out as a note under section 111 of this title.
