---
kind: "section"
citation: "10 U.S.C. § 1558"
title: "10"
title_heading: "Armed Forces"
number: "1558"
heading: "Review of actions of selection boards: correction of military records by special boards; judicial review"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/10/1558"
units:
  - "Subtitle A — General Military Law"
  - "Part II — Personnel"
  - "Chapter 79 — Correction of Military Records"
---

# §1558. Review of actions of selection boards: correction of military records by special boards; judicial review

- (a) **Correction of Military Records.—** The [Secretary](/usc/10/4951.md?p=3) of a [military](/usc/10/801.md?p=8) [department](/usc/10/101.md?p=a-6) may correct a [person](/usc/10/2700.md?p=2)’s [military](/usc/10/801.md?p=8) [records](/usc/10/801.md?p=14) 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](/usc/10/2700.md?p=2)’s [military](/usc/10/801.md?p=8) [records](/usc/10/801.md?p=14).
- (b) **Definitions.—** In this section:
  - (1) **Special board.—**
    - (A) The term “special board” means a board that the [Secretary](/usc/10/4951.md?p=3) of a [military](/usc/10/801.md?p=8) [department](/usc/10/101.md?p=a-6) convenes under any authority to consider whether to recommend a [person](/usc/10/2700.md?p=2) for appointment, enlistment, reenlistment, assignment, promotion, retention, separation, retirement, or transfer to inactive status in a [reserve](/usc/10/101.md?p=c-6) [component](/usc/10/3011.md?p=13), or the Space Force, instead of referring the [records](/usc/10/801.md?p=14) of that [person](/usc/10/2700.md?p=2) for consideration by a previously convened selection board which considered or should have considered that [person](/usc/10/2700.md?p=2).
    - (B) Such term [includes](/usc/10/101.md?p=g-4) a board for the correction of [military](/usc/10/801.md?p=8) [records](/usc/10/801.md?p=14) convened under [section 1552 of this title](/usc/10/1552.md), if designated as a special board by the [Secretary concerned](/usc/10/2801.md?p=c-5).
    - (C) Such term does not include a promotion special selection board convened under section [628](/usc/10/628.md), [14502](/usc/10/14502.md), or [20252](/usc/10/20252.md) of this title.
  - (2) **Selection board.—**
    - (A) The term “selection board” means a selection board convened under section [573(c)](/usc/10/573.md?p=c), [580](/usc/10/580.md), [580a](/usc/10/580a.md), [581](/usc/10/581.md), [611(b)](/usc/10/611.md?p=b), [637](/usc/10/637.md), [638](/usc/10/638.md), [638a](/usc/10/638a.md), [14101(b)](/usc/10/14101.md?p=b), [14701](/usc/10/14701.md), [14701a](/usc/10/14701a.md), [14704](/usc/10/14704.md), [14705](/usc/10/14705.md), or [20403](/usc/10/20403.md) of this title, and any other board convened by the [Secretary](/usc/10/4951.md?p=3) of a [military](/usc/10/801.md?p=8) [department](/usc/10/101.md?p=a-6) under any authority to recommend [persons](/usc/10/2700.md?p=2) for appointment, enlistment, reenlistment, assignment, promotion, or retention in the [armed forces](/usc/10/101.md?p=a-4) or for separation, retirement, or transfer to inactive status in a [reserve](/usc/10/101.md?p=c-6) [component](/usc/10/3011.md?p=13), or the Space Force, for the purpose of reducing the number of [persons](/usc/10/2700.md?p=2) serving in the [armed forces](/usc/10/101.md?p=a-4).
    - (B) Such term does not include any of the following:
      - (i) A promotion board convened under section [573(a)](/usc/10/573.md?p=a), [611(a)](/usc/10/611.md?p=a), [14101(a)](/usc/10/14101.md?p=a), or [20211](/usc/10/20211.md) of this title.
      - (ii) A special board.
      - (iii) A special selection board convened under [section 628 of this title](/usc/10/628.md).
      - (iv) A board for the correction of [military](/usc/10/801.md?p=8) [records](/usc/10/801.md?p=14) convened under [section 1552 of this title](/usc/10/1552.md).
  - (3) **Involuntarily board-separated.—** The term “involuntarily board-separated” means separated or retired from an armed force, or transferred to the Retired [Reserve](/usc/10/101.md?p=c-6) or to inactive status in a [reserve](/usc/10/101.md?p=c-6) [component](/usc/10/3011.md?p=13), or the Space Force, as a result of a recommendation of a selection board.
- (c) **Relief Associated With Correction of Certain Actions.—**
  - (1) The [Secretary](/usc/10/4951.md?p=3) of the [military](/usc/10/801.md?p=8) [department](/usc/10/101.md?p=a-6) concerned shall ensure that an involuntarily board-separated [person](/usc/10/2700.md?p=2) receives relief under [paragraph (2)](#c-2) or under [paragraph (3)](#c-3) if the [person](/usc/10/2700.md?p=2), as a result of a correction of the [person](/usc/10/2700.md?p=2)’s [military](/usc/10/801.md?p=8) [records](/usc/10/801.md?p=14) under [subsection (a)](#a), becomes entitled to retention on or restoration to [active duty](/usc/10/101.md?p=d-1) or to [active status](/usc/10/101.md?p=d-4) in a [reserve](/usc/10/101.md?p=c-6) [component](/usc/10/3011.md?p=13), or the Space Force.
  - (2)
    - (A) A [person](/usc/10/2700.md?p=2) referred to in [paragraph (1)](#c-1) shall, with that [person](/usc/10/2700.md?p=2)’s consent, be restored to the same status, rights, and entitlements (less appropriate offsets against back [pay](/usc/10/101.md?p=a-15) and allowances) in that [person](/usc/10/2700.md?p=2)’s armed force as the [person](/usc/10/2700.md?p=2) would have had if the [person](/usc/10/2700.md?p=2) had not been selected to be involuntarily board-separated as a result of an action the [record](/usc/10/801.md?p=14) of which is corrected under [subsection (a)](#a). An action under this subparagraph is subject to [subparagraph (B)](#c-2-B).
    - (B) Nothing in [subparagraph (A)](#c-2-A) may be construed to permit a [person](/usc/10/2700.md?p=2) to be on [active duty](/usc/10/101.md?p=d-1) or in an [active status](/usc/10/101.md?p=d-4) in a [reserve](/usc/10/101.md?p=c-6) [component](/usc/10/3011.md?p=13), or the Space Force, after the date on which the [person](/usc/10/2700.md?p=2) would have been separated, retired, or transferred to the Retired [Reserve](/usc/10/101.md?p=c-6) or to inactive status in a [reserve](/usc/10/101.md?p=c-6) [component](/usc/10/3011.md?p=13), or the Space Force, if the [person](/usc/10/2700.md?p=2) had not been selected to be involuntarily board-separated in an action of a selection board the [record](/usc/10/801.md?p=14) of which is corrected under [subsection (a)](#a).
  - (3) If an involuntarily board-separated [person](/usc/10/2700.md?p=2) referred to in [paragraph (1)](#c-1) does not consent to a restoration of status, rights, and entitlements under [paragraph (2)](#c-2), the [Secretary concerned](/usc/10/2801.md?p=c-5) shall [pay](/usc/10/101.md?p=a-15) that [person](/usc/10/2700.md?p=2) back [pay](/usc/10/101.md?p=a-15) and allowances (less appropriate offsets), and shall provide that [person](/usc/10/2700.md?p=2) service credit, for the period—
    - (A) beginning on the date of the [person](/usc/10/2700.md?p=2)’s separation, retirement, or transfer to the Retired [Reserve](/usc/10/101.md?p=c-6) or to inactive status in a [reserve](/usc/10/101.md?p=c-6) [component](/usc/10/3011.md?p=13), or the Space Force, as the case may be; and
    - (B) ending on the earlier of—
      - (i) the date on which the [person](/usc/10/2700.md?p=2) would have been so restored under [paragraph (2)](#c-2), as determined by the [Secretary concerned](/usc/10/2801.md?p=c-5); or
      - (ii) the date on which the [person](/usc/10/2700.md?p=2) would otherwise have been separated, retired, or transferred to the Retired [Reserve](/usc/10/101.md?p=c-6) or to inactive status in a [reserve](/usc/10/101.md?p=c-6) [component](/usc/10/3011.md?p=13), or the Space Force, as the case may be.
- (d) **Finality of Unfavorable Action.—** If a special board makes a recommendation not to correct the [military](/usc/10/801.md?p=8) [records](/usc/10/801.md?p=14) of a [person](/usc/10/2700.md?p=2) regarding action taken in the case of that [person](/usc/10/2700.md?p=2) on the basis of a previous report of a selection board, the action previously taken on that report shall be considered as final as of the date of the action taken on that report.
- (e) **Regulations.—**
  - (1) The [Secretary](/usc/10/4951.md?p=3) of each [military](/usc/10/801.md?p=8) [department](/usc/10/101.md?p=a-6) shall prescribe regulations to carry out this section. Regulations under this subsection may not apply to [subsection (f)](#f), other than to [paragraph (4)(C)](#f-4-C) of that subsection.
  - (2) The [Secretary](/usc/10/4951.md?p=3) may prescribe in the regulations under [paragraph (1)](#e-1) the circumstances under which consideration by a special board may be provided for under this section, including the following:
    - (A) The circumstances under which consideration of a [person](/usc/10/2700.md?p=2)’s case by a special board is contingent upon application by or for that [person](/usc/10/2700.md?p=2).
    - (B) Any time limits applicable to the filing of an application for such consideration.
  - (3) Regulations prescribed by the [Secretary](/usc/10/4951.md?p=3) of a [military](/usc/10/801.md?p=8) [department](/usc/10/101.md?p=a-6) under this subsection may not take effect until approved by the [Secretary](/usc/10/4951.md?p=3) of Defense.
- (f) **Judicial Review.—**
  - (1) A [person](/usc/10/2700.md?p=2) seeking to challenge an action or recommendation of a selection board, or an action taken by the [Secretary](/usc/10/4951.md?p=3) of the [military](/usc/10/801.md?p=8) [department](/usc/10/101.md?p=a-6) concerned on the report of a selection board, is not entitled to relief in any judicial proceeding unless the action or recommendation has first been considered by a special board under this section or the [Secretary concerned](/usc/10/2801.md?p=c-5) has denied the convening of such a board for such consideration.
  - (2)
    - (A) A court of the [United States](/usc/10/101.md?p=a-1) may review a determination by the [Secretary](/usc/10/4951.md?p=3) of a [military](/usc/10/801.md?p=8) [department](/usc/10/101.md?p=a-6) not to convene a special board in the case of any [person](/usc/10/2700.md?p=2). In any such case, the court may set aside the [Secretary](/usc/10/4951.md?p=3)’s determination only if the court finds the determination to be—
      - (i) arbitrary or capricious;
      - (ii) not based on substantial evidence;
      - (iii) a result of material error of fact or material administrative error; or
      - (iv) otherwise contrary to law.
    - (B) If a court sets aside a determination by the [Secretary](/usc/10/4951.md?p=3) of a [military](/usc/10/801.md?p=8) [department](/usc/10/101.md?p=a-6) not to convene a special board, it shall remand the case to the [Secretary concerned](/usc/10/2801.md?p=c-5), who shall provide for consideration by a special board.
  - (3) A court of the [United States](/usc/10/101.md?p=a-1) may review a recommendation of a special board or an action of the [Secretary](/usc/10/4951.md?p=3) of the [military](/usc/10/801.md?p=8) [department](/usc/10/101.md?p=a-6) concerned on the report of a special board. In any such case, a court may set aside the action only if the court finds that the recommendation or action was—
    - (A) arbitrary or capricious;
    - (B) not based on substantial evidence;
    - (C) a result of material error of fact or material administrative error; or
    - (D) otherwise contrary to law.
  - (4)
    - (A) If, six months after receiving a complete application for consideration by a special board in any case, the [Secretary concerned](/usc/10/2801.md?p=c-5) has not convened a special board and has not denied consideration by a special board in that case, the [Secretary](/usc/10/4951.md?p=3) shall be deemed for the purposes of this subsection to have denied consideration of the case by a special board.
    - (B) If, six months after the convening of a special board in any case, the [Secretary concerned](/usc/10/2801.md?p=c-5) has not taken final action on the report of the special board, the [Secretary](/usc/10/4951.md?p=3) shall be deemed for the purposes of this subsection to have denied relief in such case.
    - (C) Under regulations prescribed under [subsection (e)](#e), the [Secretary](/usc/10/4951.md?p=3) of a [military](/usc/10/801.md?p=8) [department](/usc/10/101.md?p=a-6) may waive the applicability of subparagraph [(A)](#f-4-A) or [(B)](#f-4-B) in a case if the [Secretary](/usc/10/4951.md?p=3) determines that a longer period for consideration of the case is warranted. Such a waiver may be for an additional period of not more than six months. The [Secretary concerned](/usc/10/2801.md?p=c-5) may not delegate authority to make a determination under this subparagraph.
- (g) **Existing Jurisdiction.—** Nothing in this section limits—
  - (1) the jurisdiction of any court of the [United States](/usc/10/101.md?p=a-1) under any provision of law to determine the validity of any law, regulation, or policy relating to selection boards; or
  - (2) the authority of the [Secretary](/usc/10/4951.md?p=3) of a [military](/usc/10/801.md?p=8) [department](/usc/10/101.md?p=a-6) to correct a [military](/usc/10/801.md?p=8) [record](/usc/10/801.md?p=14) under [section 1552 of this title](/usc/10/1552.md).

## Source credit

(Added Pub. L. 107–107, div. A, title V, § 503(a)(1), Dec. 28, 2001, 115 Stat. 1080; amended Pub. L. 118–31, div. A, title XVII, § 1722(j)(1), Dec. 22, 2023, 137 Stat. 673; Pub. L. 118–159, div. A, title V, § 513(c)(1), title XVII, § 1701(a)(23), Dec. 23, 2024, 138 Stat. 1876, 2204; Pub. L. 119–60, div. A, title XVII, § 1701(a)(14), Dec. 18, 2025, 139 Stat. 1208.)

## Notes

### Editorial Notes

### Amendments

2025—Subsec. (c)(1). Pub. L. 119–60 struck out comma after “Space Force”.

2024—Subsec. (b)(2)(A). Pub. L. 118–159, § 1701(a)(23)(B), substituted “14705” for “14507”.

Pub. L. 118–159, § 513(c)(1), inserted “14701a,” after “14701,”.

Subsecs. (b)(3), (c)(3)(A), (B)(ii). Pub. L. 118–159, § 1701(a)(23)(A), substituted “Space Force,” for “Space Force,,”.

2023—Pub. L. 118–31, § 1722(j)(1)(A), inserted “, or the Space Force,” after “reserve component” wherever appearing.

Subsec. (b)(1)(C). Pub. L. 118–31, § 1722(j)(1)(B)(i), substituted “section 628, 14502, or 20252” for “section 628 or 14502”.

Subsec. (b)(2)(A). Pub. L. 118–31, § 1722(j)(1)(B)(ii), substituted “14507, or 20403” for “or 14705”.

Subsec. (b)(2)(B)(i). Pub. L. 118–31, § 1722(j)(1)(B)(iii), substituted “14101(a), or 20211” for “or 14101(a)”.

### Statutory Notes and Related Subsidiaries

### Effective Date

Section applicable with respect to any proceeding pending on or after Dec. 28, 2001, without regard to whether a challenge to an action of a selection board of any of the Armed Forces being considered in the proceeding was initiated before, on, or after that date, but not applicable with respect to any action commenced in a court of the United States before Dec. 28, 2001, see section 503(c) of Pub. L. 107–107, set out as an Effective Date of 2001 Amendment note under section 628 of this title.