§ 73.4. Responsibilities.
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/us/cfr/t32/s§ 73.4·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)The USD(P) is responsible for directing the implementation of the DARB and serves as the Principal Staff Assistant with oversight of the DARB process, policies, procedures, and standards for the final review of a request for an upgrade in the characterization of a discharge or dismissal under 10 U.S.C. 1553a. The USD(P) must:
(1)Ensure that petitioners are afforded an opportunity to request a final review of their requests for an upgrade to the characterization of a discharge or dismissals consistent with 10 U.S.C. 1553a;
(2)Ensure that Secretary of Defense appoints the DARB President and DARB Deputy Director as inferior officers;
(3)Review and approve any DARB or DARB-related policies or procedures that the Secretaries of the Military Departments or the DARB President develops before implementation of such policies or procedures;
(4)Resolve all issues concerning the DARB that cannot be resolved between the DARB President and the Secretaries of the Military Departments; and
(5)Modify or supplement this part as necessary.
(b)The Secretaries of the Military Departments have the authority to approve, partially approve, or disapprove a DARB's recommendation to upgrade or partially upgrade a petitioner's characterization of a discharge or dismissal. The Secretary of the Military Department's decision is the final agency action. If an upgrade or partial upgrade is approved, the Secretary of the Military Department is responsible for ensuring that all necessary administrative actions are taken to effect the change, including issuance of a new or corrected DD 214.
(c)SECAF is responsible for the formation, operation, and management of the DARB. The SECAF must:
(1)Appoint DARB members to a panels and assign cases to ensure reviews are conducted in an impartial manner;
(2)Appoint other staff as necessary for intake procedures;
(3)Respond to all inquiries from private individuals, organizations, or public officials about DARB matters. When the specific Military Service can be identified, refer such correspondence to the appropriate Secretary of the Military Department; and
(4)Ensure the timely online publication of annual reports as required by section 523 of the FY 2020 NDAA, Public Law 116-92.
(d)The DARB President is responsible for administrating and overseeing the DARB. The DARB President may delegate their authority to the Deputy Director of the DARB, but no further delegation is authorized. The DARB President shall:
(1)Review a DARB panel's recommendation and provide the final adjudication of the DARB recommendation regarding a petitioner's request for an upgrade to the characterization of a discharge or dismissal.
(2)Develop policy, procedures, and evaluation standards for the DARB, subject to review and approval by the SECAF and the USD(P) before implementation of such policy, procedures, and evaluation standards.
(e)The DARB Deputy Director is responsible for managing the DARB's day-to-day operations.
(f)A DARB panel considers a petitioner's final review request properly brought before it, is responsible for performing a record review, applying DoD policies and standards, and if appropriate will make a recommendation to the DARB President on whether a petitioner's request for an upgrade to the characterization of a discharge or dismissal should be granted, partially granted, or denied.
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