72
STAT.]
PUBLIC LAW 85-857~SEPT. 2, 1958
- § 1553. Review of discharges and dismissals
" (a) There is in each military department, and in the Coast Guard when it is not operating as a service in the Navy, a board of review established by the Secretary of that department after conference with the Administrator of Veterans' Affairs. Each such board has five members, and shall review, on its own motion, upon the request of any former member of an armed force, or in the case of a deceased member or former member of an armed force, upon the request of his surviving spouse, next of kin, or legal representative, the type and nature of the discharge or dismissal of such member or former member, unless such discharge or dismissal resulted from the sentence of a general courtmartial. Such review shall be based upon all available records of the military department concerned, or the Coast Guard, relating to the member or former member, and such other evidence as may be presented. Witnesses shall be permitted to present testimony either in person or by affidavit, and the person requesting review shall be allowed to appear before such board in person or by counsel. "(b) Each board shall have authority, except in the case of a discharge or dismissal resulting from the sentence of a general courtmartial, to change, correct, or modify any discharge or dismissal, and to issue a new discharge in accord with the facts presented to the board. The findings of each board shall be subject to review only by the Secretary concerned. "(c) No review is authorized under this section unless application therefor is filed with the proper board within fifteen years after whichever last occurred, (1) the date of the discharge or dismissal sought to be reviewed, or (2) June 22, 1944. "§ 1554. Review of decisions of retiring boards and similar boards "(a) The Secretary of each military department, and with respect to the Coast Guard, the Secretary of the Treasury, shall establish, from time to time, boards of review composed of five officers, two of whom shall be selected from the Medical Corps of the Army, from the Bureau of Medicine and Surgery of the Navy, from officers of the Air Force designated as medical officers, or from the Public Health Service. Each board shall review, at the request of any officer retired or released from active duty, without pay, for physical disability pursuant to the decision of a retiring board, board of medical survey, or disposition board, the findings and decisions of such board. Such review shall be based upon all available records of the military department concerned, or the Coast Guard, relating to the officer, and such other evidence as may be presented by him. Witnesses shall be permitted to present testimony either in person or by affidavit, and the officer requesting review shall be allowed to appear before such board in person or by counsel. "(b) Each board of review shall have the same powers as are exercised Dy, or vested in, the board whose findings and decision are being reviewed. The findings of each board of review shall be transmitted to the Secretary concerned and shall be laid by him before the President for his approval or disapproval and orders in the case. "(c) No review is authorized under this section unless application therefor is filed within fifteen years after whichever last occurred, (1) the date of the retirement or release for disability sought to be reviewed, or (2) June 22, 1944. " (d) As used in this section and section 1553, the term 'counsel' includes any accredited representative of a service organization recognized by the Administrator of Veterans' Affairs under chapter 59 of title 38."
1267
�
