Page:United States Statutes at Large Volume 115 Part 2.djvu/96

 115 STAT. 1080 PUBLIC LAW 107-107—DEC. 28, 2001 SEC. 502. CERTIFICATIONS OF SATISFACTORY PERFORMANCE FOR RETIREMENT OF OFFICERS IN GRADES ABOVE MAJOR GENERAL AND REAR ADMIRAL. Section 1370(c) of title 10, United States Code, is amended by adding at the end the following new paragraph: "(3)(A) The Secretary of Defense may delegate authority to make a certification with respect to an officer under paragraph (1) only to the Under Secretary of Defense for Personnel and Readiness or the Deputy Under Secretary of Defense for Personnel and Readiness. "(B) If authority is delegated under subparagraph (A) and, in the course of consideration of an officer for a certification under paragraph (1), the Under Secretary or (if such authority is delegated to both the Under and Deputy Under Secretary) the Deputy Under Secretary makes a determination described in subparagraph (C) with respect to that officer, the Under Secretary or Deputy Under Secretary, as the case may be, may not exercise the delegated authority in that case, but shall refer the matter to the Secretary of Defense, who shall personally determine whether to issue a certification under paragraph (1) with respect to that officer. "(C) A determination referred to in subparagraph (B) is a determination that there is potentially adverse information concerning an officer and that such information has not previously been submitted to the Senate in connection with the consideration by the Senate of a nomination of that officer for an appointment for which the advice and consent of the Senate is required.". SEC. 503. REVIEW OF ACTIONS OF SELECTION BOARDS. (a) IN GENERAL.—<1) Chapter 79 of title 10, United States Code, is amended by adding at the end the following new section: "§ 1558. Review of actions of selection boards: correction of military records by special boards; judicial review "(a) CORRECTION OF MILITARY RECORDS. —The Secretary of a military department may correct a person's military records in accordance with a recommendation made by a special board. Any such correction may be made effective as of the effective date of the action taken on a report of a previous selection board that resulted in the action corrected in the person's military records. "(b) DEFINITIONS.—In this section: "(1) SPECIAL BOARD. —(A) The term 'special board' means a board that the Secretary of a military department convenes under any authority to consider whether to recommend a person for appointment, enlistment, reenlistment, assignment, promotion, retention, separation, retirement, or transfer to inactive status in a reserve component instead of referring the records of that person for consideration by a previously convened selection board which considered or should have considered that person. "(B) Such term includes a board for the correction of military records convened under section 1552 of this title, if designated as a special board by the Secretary concerned. "(C) Such term does not include a promotion special selection board convened under section 628 or 14502 of this title. "(2) SELECTION BOARD. — (A) The term 'selection board' means a selection board convened under section 573(c), 580, 580a, 581, 611(b), 637, 638, 638a, 14101(b), 14701, 14704, or

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