§ 73.2. Definitions.
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/us/cfr/t32/s§ 73.2·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Case file records. All records that members of the BCM/NR have access to, not limited to what the BCM/NR analyst presents to the DARB. These records necessarily include the record of proceedings, exhibits, and findings and decisions of both the BCM/NR and DRB. Characterization of a discharge or dismissal. The characterization of a discharge or dismissal is a determination reflecting a Service member's conduct and performance of duty while in military service during a specific period of military service.
Administrative discharges can be characterized as honorable, general (under honorable conditions), other than honorable conditions, or can be described as uncharacterized (as in an entry-level separation). If a discharge is adjudged at a court-martial, the assigned characterization may be a bad-conduct discharge, or dishonorable discharge, or a dismissal. The term characterization of a discharge or dismissal is also referred to as a "character of discharge" or "character of service.
" Characterization of less than honorable. A characterization that is less than honorable includes a general under honorable conditions, other than honorable conditions, uncharacterized, bad-conduct discharge, dishonorable discharge, or a dismissal. DARB member. A person authorized to review a DARB request and make a recommendation to the DARB president on whether the petitioner's request for an upgrade to the characterization of a discharge or dismissal should be granted, partially granted, or denied.
Discharge Appeal Review Board (DARB). An administrative board constituted by the Secretary of Defense and vested with the authority to conduct a final review of a request for an upgrade in the characterization of a discharge or dismissal under the provisions of 10 U.S.C. 1553a. Exhausted all remedies available. Petitioner requested an upgrade in the characterization of a discharge or dismissal and presented all evidence and arguments in support of their request to their respective Military Department's DRB and BCM/NR, including any materials not previously presented or considered by the board in making such determination when requesting reconsideration by the Military Department BCM/NR.
Final review. The process by which a petitioner's request for an upgrade to the characterization of a discharge or dismissal that was not granted at the respective Military Department's DRB and BCM/NR after the petitioner exhausted all remedies available to the petitioner is evaluated. New information. Material not previously presented to, or considered by, the appropriate Military Department's BCM/NR. Petitioner. A member or former member of the Armed Forces whose request for an upgrade to the characterization of a discharge or dismissal was not granted by the relevant Military Department's DRB and BCM/NR.
If the member or former member is deceased or legally incompetent, the term "petitioner" includes the surviving spouse, next-of-kin, or legal representative who is acting on behalf of the member or former member. The term "petitioner" also includes a member or former member of the Armed Forces' counsel. Preponderance of the evidence. A standard of proof, evidence which as a whole shows that the fact sought to be proved is more probable than not. Record review. A review of the Service member's case file records.
Service member. A member or former member of the Armed Forces.
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