10 U.S. Code § 673 - Consideration of application for permanent change of station or unit transfer for members on active duty who are the victim of a sexual assault or related offense

§ 673.
Consideration of application for permanent change of station or unit transfer for members on active duty who are the victim of a sexual assault or related offense
(a)[1]Timely Consideration and Action.—
The Secretary concerned shall provide for timely determination and action on an application for consideration of a change of station or unit transfer submitted by a member of the armed forces serving on active duty who was a victim of a sexual assault or other offense covered by section 920, 920a, or 920c of this title (article 120, 120a, or 120c of the Uniform Code of Military Justice) so as to reduce the possibility of retaliation against the member for reporting the sexual assault or other offense.
(b)Regulations.—
The Secretary concerned shall issue regulations to carry out this section, within guidelines provided by the Secretary of Defense. These guidelines shall provide that the application submitted by a member described in subsection (a) for a change of station or unit transfer must be approved or disapproved by the member’s commanding officer within 72 hours of the submission of the application. Additionally, if the application is disapproved by the commanding officer, the member shall be given the opportunity to request review by the first general officer or flag officer in the chain of command of the member, and that decision must be made within 72 hours of submission of the request for review.
(Added Pub. L. 112–81, div. A, title V, § 582(a), Dec. 31, 2011, 125 Stat. 1432; amended Pub. L. 113–66, div. A, title X, § 1091(a)(8), title XVII, § 1712, Dec. 26, 2013, 127 Stat. 876, 963; Pub. L. 115–91, div. A, title X, § 1081(c)(2)(A), Dec. 12, 2017, 131 Stat. 1599.)


[1]  See Amendment of Subsection (a) note below.
Amendment of Subsection (a)

Pub. L. 115–91, div. A, title X, § 1081(c)(2)(A), (4), Dec. 12, 2017, 131 Stat. 1599, provided that, effective immediately after the amendments made by div. E (§§ 5001–5542) of Pub. L. 114–328 (see Tables for classification) take effect as provided for in section 5542 of that Act (10 U.S.C. 801 note), subsection (a) of this section is amended—

(1) by striking “920a, or 920c” and inserting “920c, or 930”; and

(2) by striking “120a, or 120c” and inserting “120c, or 130”.

Prior Provisions

A prior section 673 was renumbered section 12302 of this title.

Amendments

2017—Subsec. (a). Pub. L. 115–91 substituted “920c, or 930” for “920a, or 920c” and “120c, or 130” for “120a, or 120c”.

2013—Subsec. (a). Pub. L. 113–66, § 1091(a)(8), inserted “of the Uniform Code of Military Justice” after “120c”.

Subsec. (b). Pub. L. 113–66, § 1712, substituted “The Secretary concerned” for “The Secretaries of the military departments”.

Effective Date of 2017 Amendment

Amendment by Pub. L. 115–91 effective immediately after the amendments made by div. E (§§ 5001–5542) of Pub. L. 114–328 take effect as provided for in section 5542 of that Act (10 U.S.C. 801 note), see section 1081(c)(4) of Pub. L. 115–91, set out as a note under section 801 of this title.

 

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