Sec. 530H. Review of discharge characterization
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/bill/116/hr/2500/eh/section-530h·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
This section may cited as the Restore Honor to Service Members Act . In accordance with this section, and in a manner that is consistent across the entire Department of Defense, the appropriate discharge boards shall review the discharge characterization of covered members at the request of a covered member, and shall change the discharge characterization of a covered member to honorable if such change is determined to be appropriate after a review is conducted. A covered member, or the representative of the member, may appeal a decision by the appropriate discharge board to not change the discharge characterization by using the regular appeals process of the board.
For each covered member whose discharge characterization is changed under subsection (a), or for each covered member who was honorably discharged but whose DD–214 form reflects the sexual orientation of the member, the Secretary of Defense shall reissue to the member or their representative a revised DD–214 form that does not reflect the sexual orientation of the member or reason for initial discharge. In this section: The term appropriate discharge board means the boards for correction of military records under section 1552 of title 10, United States Code, or the discharge review boards under section 1553 of such title, as the case may be.
The term covered member means any former member of the Armed Forces who was discharged from the Armed Forces because of the sexual orientation of the member. The term discharge characterization means the characterization under which a member of the Armed forces is discharged or released, including dishonorable , general , other than honorable , and honorable . The term representative means the surviving spouse, next of kin, or legal representative of a covered member.