A bill to amend title 10, United States Code, to provide for the regionalization and traveling of discharge review boards, to establish uniformity, mitigating and extenuating factors in the review and correction of military discharges, to provide for legal counsel for discharges appellants, to provide for the recognition of ex-exemplary post-service conduct through the issuance of an Honorable Discharge (Limited), and to otherwise expand and enhance the effectiveness of Armed Forces discharge review procedures.

Summary

Revises the procedure for review of discharge or dismissal from the Armed Services. Directs the Secretary of Defense, after consultation with the Administrator of Veterans' Affairs and the Secretaries of the various services concerned, to establish a number of boards of review. Grants the Secretary of Defense, in cooperation with Secretaries of the services concerned, the authority to: (1) determine the number of review boards in session at any time; (2) determine the locations of the boards, which are to be geographically disbursed on the basis of population concnetrations of discharge applicants; (3) convene and dissolve review boards in accordance with the number of discharge applications pending; and (4) appoint the five members of each board. Provides for the staffing and compensation of such boards. Declares that the review boards shall, upon application filed in accordance with regulations prescribed by the Secretary of Defense, review any discharge or dismissal from the armed forces granted under other than fully honorable conditions (other than a discharge or dismissal by sentence of a general courtmartial) of any former member of an armed force, with specified restrictions. Directs the review boards to determine whether such discharge was fair and equitable, or in the interest of justice, by standards current at the time of review, taking into consideration all the circumstances of the case. Provides that the presence of mitigating factors shall warrant the upgrading of an other than fully honorable discharge to an honorable discharge, unless offset by serious aggravating factors which have a direct relationship to the initial issuance of the other than fully honorable discharge. Describes the criteria for "mitigating circumstances". Provides that extenuating factors, as outlined, while not having the force of mitigating circumstances, shall be considered favorably by the review boards in making their determination. Prohibits the adverse consideration of an applicant's participation in the Presidential clemency program. States that if the board's determination is favorable, it shall, with the approval of the appropriate Secretary, issue to the applicant an honorable discharge (limited). Provides that such determination must be in accordance with the cited criteria, the applicant's case for adjustment of status to be established to the satisfaction of the board by oral or written evidence. Declares that the board must also be satisfied that such individual has rehabilitated himself, that his character is good, and that his conduct, activities, and habits since he was granted his original discharge have been exemplary for a reasonable period of time. Disallows the filing of applications and reapplications within 18 months of the original discharge. Stipulates that an honorable discharge (limited) shall be the same as a fully honorable discharge certificate and all records and information pertaining to the individual's original conduct and characterization of service shall be considered confidential. Sets forth procedures and modes of conduct of hearings for purposes of this Act. Grants the review boards power to: (1) administer oaths; (2) issue subpenas; (3) invoke district court aid to insure compliance with subpenas; (4) order the taking off testimony by deposition; (5) require directly from the head of any executive department or Federal agency available information which the boards feels would be useful; and (6) prescribe the necessary regulations and procedures. Directs the Secretary of Defense to formulate and carry out a public information program designed to inform former members of the armed forces of the new discharge review program provided by this Act. Requires the Secretary to prepare a biannual report on the functions, problems, and accomplishment of the review boards established by these provisions. (Amends 10 U.S.C. 1553)

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• Introduced in House

  summary · EN · 10 December 1975

  Open at official source

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