§ 1553a. Review of a request for upgrade of discharge or dismissal

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(a)Establishment.— The Secretary of Defense shall establish a process by which to conduct a final review of a request for an upgrade in the characterization of a discharge or dismissal.

(b)Consideration; Recommendation.—

(1)Upon the request of a petitioner, the Secretary of Defense shall review the findings and decisions of the boards established under sections 1552 and 1553 of this title regarding the final review of a request for an upgrade in the characterization of a discharge or dismissal.

(2)The Secretary of Defense may recommend that the Secretary of the military department concerned upgrade the characterization of the discharge or dismissal of the petitioner if the Secretary of Defense determines that such recommendation is appropriate after review under paragraph (1).

(c)Definitions.— In this section:

(1)The term “final review of a request for an upgrade in the characterization of a discharge or dismissal” means a request by a petitioner for an upgrade to the characterization of a discharge or dismissal—

(A)that was not granted under sections 1552 and 1553 of this title; and

(B)regarding which the Secretary of Defense determines the petitioner has exhausted all remedies available to the petitioner under sections 1552 and 1553 of this title.

(2)The term “petitioner” means a member or former member of the armed forces (or if the member or former member is dead, the surviving spouse, next of kin, or legal representative of the member or former member) whose request for an upgrade to the characterization of a discharge or dismissal was not granted under sections 1552 and 1553 of this title.

(Added Pub. L. 116–92, div. A, title V, § 523(a), Dec. 20, 2019, 133 Stat. 1354.)

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