Sec. 521. Establishment of board of appeals regarding denied requests for upgraded discharges and dismissals
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Chapter 79 of title 10, United States Code, is amended by inserting after section 1553 the following new section 1553a: The Secretary of Defense shall establish a Board of Discharge Appeals to hear appeals of requests for upgraded discharges and dismissals under section 1553 of this title that are denied by the service review agencies. The Board of Discharge Appeals shall consist of not fewer than three members appointed by the Secretary. Upon the request of an appellant, the Board of Discharge Appeals shall review the findings and decisions of a service review agency regarding the review of the discharge or dismissal of the appellant.
The Board of Discharge Appeals may direct the Secretary of the military department concerned to change the discharge or dismissal of an appellant, or issue a new discharge for an appellant, to reflect its findings. In this section: The term appellant means a former member of the armed forces (or if the former member is dead, the surviving spouse, next of kin, or legal representative of the former member) whose request for an upgraded discharge or dismissal was denied by a service review agency.
The term service review agency has the meaning given that term in section 1555 of this title. . The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1553 the following new item: 1553a. Board of Discharge Appeals. . Section 1553(b) of title 10, United States Code, is amended— by inserting before
(1)A board ; and by adding at the end the following new paragraph: If a board of review established by the Secretary of a military department denies a request for an upgraded discharge or dismissal, that denial may be appealed to the Board of Discharge Appeals under section 1553a of this title. . The Secretary of Defense shall establish and implement the Board of Discharge Appeals under such section 1553a of title 10, United States Code, as added by subsection (a), not later than September 30, 2020. Each member of the Board of Discharge Appeals established under such section 1553a shall receive training under section 534(c) of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ; 10 U.S.C. 1552 note). Not later than April 1, 2021, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report regarding the Board of Discharge Appeals established under such section 1553a. The report shall include, with respect to appeals heard by the Board of Discharge Appeals since implementation, the following: The number of appeals heard. The number of appeals granted. The number of appeals denied, including the reasons for such denials. A summary of any differences between reviews under section 1553 of title 10, United States Code, and appeals under section 1553a of such title. On October 1 of each year starting in 2022, the Secretary shall publish online the information described in subparagraphs (A), (B), and
(C)of paragraph
(1)with regards to the preceding fiscal year.
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Sec. 521
Establishment of board of appeals regarding denied requests for upgraded discharges and dismissals
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