2019 US Code
Title 10 - Armed Forces
Subtitle A - General Military Law
Part II - Personnel
Chapter 39 - Active Duty
Sec. 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

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Citation 10 U.S.C. § 673 (2019)
Section Name §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
Section Text

(a) 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, 920c, or 930 of this title (article 120, 120c, or 130 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.

Source Credit

(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.)

Editorial Notes 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) [amendments effective Jan. 1, 2019], see section 1081(c)(4) of Pub. L. 115–91, set out as a note under section 801 of this title.

STANDARDIZATION OF POLICIES RELATED TO EXPEDITED TRANSFER IN CASES OF SEXUAL ASSAULT OR DOMESTIC VIOLENCE

Pub. L. 115–232, div. A, title V, §536, Aug. 13, 2018, 132 Stat. 1761, provided that:

"(a) Policies for Members.—The Secretary of Defense shall modify, in accordance with section 673 of title 10, United States Code, all policies that the Secretary determines necessary to establish a standardized expedited transfer process for a member of the Army, Navy, Air Force, or Marine Corps who is the alleged victim of—

"(1) sexual assault (regardless of whether the case is handled under the Sexual Assault Prevention and Response Program or Family Advocacy Program); or

"(2) physical domestic violence (as defined by the Secretary in regulations prescribed under this section) committed by the spouse or intimate partner of the member, regardless of whether the spouse or intimate partner is a member of the Armed Forces.

"(b) Policy for Dependents of Members.—The Secretary of Defense shall establish a policy to allow the transfer of a member of the Army, Navy, Air Force, or Marine Corps whose dependent is the victim of sexual assault perpetrated by a member of the Armed Forces who is not related to the victim."

Publication Title United States Code, 2018 Edition, Supplement 1, Title 10 - ARMED FORCES
Category Bills and Statutes
Collection United States Code
SuDoc Class Number Y 1.2/5:
Contained Within Title 10 - ARMED FORCES
Subtitle A - General Military Law
PART II - PERSONNEL
CHAPTER 39 - ACTIVE DUTY
Sec. 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
Contains section 673
Date 2019
Laws In Effect As Of Date January 24, 2020
Positive Law Yes
Disposition standard
Statutes at Large References 125 Stat. 1432
127 Stat. 876
131 Stat. 1599
132 Stat. 1761
Public Law References Public Law 112-81, Public Law 113-66, Public Law 114-328, Public Law 115-91, Public Law 115-232
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