CORRECTION OF MILITARY RECORDS CONCERNING PRO-MOTIONS AND ENLISTMENTS OF ENLISTED MEMBERS

SEC. 514. CORRECTION OF MILITARY RECORDS CONCERNING PRO-MOTIONS AND ENLISTMENTS OF ENLISTED MEMBERS (a) Authority of Service Secretaries.—Subsection (a) of section 1552 of title 10, United States Code, is amended to read as follows: “(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 Transportation 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 a 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) Time for Request for Correction.—Subsection (b) of such section is amended by striking out “subsection (a)” both places it appears and inserting in lieu thereof “subsection (a)(1)”.