PART 70—DISCHARGE REVIEW BOARD (DRB) PROCEDURES AND STANDARDS Authority: 10 U.S.C. 1553 and 38 U.S.C. 101 and 3103, as amended. Source: 47 FR 37785, Aug. 26, 1982, unless otherwise noted. § 70.1 Reissuance and purpose. This part is reissued and: (a) Establishes uniform policies, procedures, and standards for the review of discharges or dismissals under 10 U.S.C. 1553. (b) Provides guidelines for discharge review by application or on motion of a DRB, and the conduct of discharge reviews and standards to be applied in such reviews which are designed to ensure historically consistent uniformity in execution of this function, as required under Pub. L. 95-126. (c) Assigns responsibility for administering the program. (d) Makes provisions for public inspection, copying, and distribution of DRB documents through the Armed Forces Discharge Review/Correction Board Reading Room. (e) Establishes procedures for the preparation of decisional documents and index entries. (f) Provides guidance for processing complaints concerning decisional documents and index entries. § 70.2 Applicability. The provisions of this part 70 apply to the Office of the Secretary of Defense (OSD) and the Military Departments. The terms, “Military Services,” and “Armed Forces,” as used herein, refer to the Army, Navy, Air Force and Marine Corps. § 70.3 Definitions. (a) Applicant. (b) Complainant. (c) Counsel or Representative. (d) Discharge. (e) Discharge Review. (f) Discharge Review Board (DRB). (g) DRB Panel. (h) DRB Traveling or Regional Panel. (i) Hearing. (j) Hearing Examination. (k) National Capital Region (NCR). (l) President, DRB. § 70.4 Responsibilities. (a) The Secretaries of the Military Departments (b) The Assistant Secretary of Defense (Manpower, Reserve Affairs, and Logistics) (1) Resolve all issues concerning DRBs that cannot be resolved among the Military Departments. (2) Ensure uniformity among the Military Departments in the rights afforded applicants in discharge reviews. (3) Modify or supplement the enclosures to this part. (4) Maintain the index of decisions and provide for timely modification of index categories to reflect changes in discharge review policies, procedures, and standards issued by the OSD and the Military Departments. (c) The Secretary of the Army, (1) Effect necessary coordination with other governmental agencies regarding continuing applicability of this part and resolve administrative procedures relating thereto. (2) Review suggested modifications to this part, including implementing documents; monitor the implementing documents of the Military Departments; resolve differences, when practicable; recommend specific changes; provide supporting rationale to the ASD(MRA&L) for decision; and include appropriate documentation through the Office of the ASD(MRA&L) and the OSD Federal Register liaison officer to effect publication in the Federal Register. (3) Maintain the DD Form 293, “Application for Review of Discharge or Separation from the Armed Forces of the United States,” and republish as necessary with appropriate coordination of the other Military Departments and the Office of Management and Budget. (4) Respond to all inquiries from private individuals, organizations, or public officials with regard to DRB matters. When the specific Military Service can be identified, refer such correspondence to the appropriate DRB for response or designate an appropriate activity to perform this task. (5) Provide overall guidance and supervision to the Armed Forces Discharge Review/Correction Board Reading Room with staff augmentation, as required, by the Departments of the Navy and Air Force. (6) Ensure that notice of the location, hours of operation, and similar types of information regarding the Reading Room is published in the Federal Register. § 70.5 Procedures. (a) Discharge review procedures are prescribed in § 70.8. (b) Discharge Review Standards are prescribed in § 70.9 and constitute the basic guidelines for the determination whether to grant or deny relief in a discharge review. (c) Complaint Procedures about decisional documents are prescribed in § 70.10. § 70.6 Information requirements. (a) Reporting requirements. (2) All reports must be consistent with DoD Directive 5000.11, “Data Elements and Data Codes Standardization Program,” December 7, 1964. (b) Use of standard data elements. § 70.7 Effective date and implementation. This part is effective immediately for the purpose of preparing implementing documents. DoD Directive 1332.28, March 29, 1978, is officially canceled, effective November 27, 1982. This part applies to all discharge review proceedings conducted on or after November 27, 1982. § 70.10 applies to all complaint proceedings conducted on or after September 28, 1982. Final action on complaints shall not be taken until September 28, 1982, unless earlier corrective action is requested expressly by the applicant (or the applicant's counsel) whose case is the subject of the decisional document. If earlier corrective action is requested, it shall be taken in accordance with § 70.10. § 70.8 Discharge review procedures. (a) Application for review General. (2) Timing. (3) Applicant's responsibilities. (i) Character of discharge. (ii) Reason for discharge. (iii) The applicant must ensure that issues submitted to the DRB are consistent with the request for change in discharge set forth in block 7 of the DD Form 293. If an ambiguity is created by a difference between an applicant's issue and the request in block 7, the DRB shall respond to the issue in the context of the action requested in block 7. In the case of a hearing, the DRB shall attempt to resolve the ambiguity under paragraph (a)(5) of this section. (4) Request for consideration of specific issues. (i) Submission of issues on DD Form 293. (A) Issues must be clear and specific. (B) Separate listing of issues. (C) Use of DD Form 293. ( 1 ( 2 ( 3 ( 4 ( 5 (D) Incorporation by reference. (E) Effective date of the new Form DD 293. (ii) Relationship of issues to character of or reason for discharge. (iii) Relationship of issues to the standards for discharge review. (A) Issues concerning the equity of the discharge. (B) Issues concerning the propriety of a discharge. (C) The applicant's identification of an issue. (iv) Citation of matter from decisions. (A) The issue must be set forth or expressly incorporated in the “Applicant's Issue” portion of DD Form 293. (B) If an applicant's issue cites a prior decision (of the DRB, another Board, an agency, or a court), the applicant shall describe the specific principles and facts that are contained in the prior decision and explain the relevance of cited matter to the applicant's case. (C) To ensure timely consideration of principles cited from unpublished opinions (including decisions maintained by the Armed Forces Discharge Review Board/Corrective Board Reading Room), applicants must provide the DRB with copies of such decisions or of the relevant portion of the treatise, manual, or similar source in which the principles were discussed. At the applicant's request, such materials will be returned. (D) If the applicant fails to comply with the requirements in paragraphs (a)(4)(iv) (A), (B), and (C), the decisional document shall note the defect, and shall respond to the issue without regard to the citation. (5) Identification by the DRB of issues submitted by an applicant. (i) Issues on DD Form 293. (ii) Amendment of issues. (A) Limits the DRB's authority to question an applicant as to the meaning of such matter; (B) Precludes the DRB from developing decisional issues based upon such questions; (C) Prevents the applicant from amending or withdrawing such matter any time before the DRB closes the review process for deliberation; or (D) Prevents the DRB from presenting an applicant with a list of proposed decisional issues and written information concerning the right of the applicant to add to, amend, or withdraw the applicant's submission. The written information will state that the applicant's decision to take such action (or decline to do so) will not be used against the applicant in the consideration of the case. (iii) Additional issues identified during a hearing. (6) Notification of possible bar to benefits. (i) Such absence must have been included as part of the basis for the applicant's discharge under other than honorable conditions. (ii) Such absence is computed without regard to the applicant's normal or adjusted expiration of term of service. (b) Conduct of reviews Members. (2) Locations. (3) Types of review. (i) Record review. (ii) Hearing. (4) Applicant's expenses. (5) Withdrawal of application. (6) Failure to appear at a hearing or respond to a scheduling notice. (A) When the applicant has been sent a letter containing the month and location of a proposed hearing and fails to make a timely response; or (B) When the applicant, after being notified by letter of the time and place of the hearing, fails to appear at the appointed time, either in person or by representative, without having made a prior, timely request for a continuation, postponement, or withdrawal. (ii) In such cases, the applicant shall be deemed to have waived the right to a hearing, and the DRB shall complete its review of the discharge. Further request for a hearing shall not be granted unless the applicant can demonstrate that the failure to appear or respond was due to circumstances beyond the applicant's control. (7) Continuance and postponements. (ii) Postponements of scheduled reviews normally shall not be permitted other than for demonstrated good and sufficient reason set forth by the applicant in a timely manner, or for the convenience of the government. (8) Reconsideration. (i) When the only previous consideration of the case was on the motion of the DRB; (ii) When the original discharge review did not involve a hearing and a hearing is now desired, and the provisions of paragraph (b)(6) of this section do not apply; (iii) When changes in discharge policy are announced after an earlier review of an applicant's discharge, and the new policy is made expressly retroactive; (iv) When the DRB determines that policies and procedures under which the applicant was discharged differ in material respects from policies and procedures currently applicable on a Service-wide basis to discharges of the type under consideration, provided that such changes in policies or procedures represent a substantial enhancement of the rights afforded a respondent in such proceedings; (v) When an individual is to be represented by a counsel or representative, and was not so represented in any previous consideration of the case by the DRB; (vi) When the case was not previously considered under uniform standards published pursuant to Pub. L. 95-126 and such application is made within 15 years after the date of discharge; or (vii) On the basis of presentation of new, substantial, relevant evidence not available to the applicant at the time of the original review. The decision whether evidence offered by an applicant in support of a request for reconsideration is in fact new, substantial, relevant, and was not available to the applicant at the time of the original review will be based on a comparison of such evidence with the evidence considered in the previous discharge review. If this comparison shows that the evidence submitted would have had a probable effect on matters concerning the propriety or equity of the discharge, the request for reconsideration shall be granted. (9) Availability of records and documents. (ii) If the DRB is not authorized to provide copies of documents that are under the cognizance of another government department, office, or activity, applications for such information must be made by the applicant to the cognizant authority. The DRB shall advise the applicant of the mailing address of the government department, office, or activity to which the request should be submitted. (iii) If the official records relevant to the discharge review are not available at the agency having custody of the records, the applicant shall be so notified and requested to provide such information and documents as may be desired in support of the request for discharge review. A period of not less than 30 days shall be allowed for such documents to be submitted. At the expiration of this period, the review may be conducted with information available to the DRB. (iv) A DRB may take steps to obtain additional evidence that is relevant to the discharge under consideration beyond that found in the official military records or submitted by the applicant, if a review of available evidence suggests that it would be incomplete without the additional information, or when the applicant presents testimony or documents that require additional information to evaluate properly. Such information shall be made available to the applicant, upon request, with appropriate modifications regarding classified material. (A) In any case heard on request of an applicant, the DRB shall provide the applicant and counsel or representative, if any, at a reasonable time before initiating the decision process, a notice of the availability of all regulations and documents to be considered in the discharge review, except for documents in the official personnel or medical records and any documents submitted by the applicant. The DRB shall also notify the applicant or counsel or representative: ( 1 ( 2 ( 3 (B) When necessary to acquaint the applicant with the substance of a classified document, the classifying authority, on the request of the DRB, shall prepare a summary of or an extract from the document, deleting all references to sources of information and other matters, the disclosure of which, in the opinion of the classifying authority, would be detrimental to the national security interests of the United States. Should preparation of such summary be deemed impracticable by the classifying authority, information from the classified sources shall not be considered by the DRB in its review of the case. (v) Regulations of a Military Department may be obtained at many installations under the jurisdiction of the Military Department concerned or by writing to the following address: DA Military Review Boards Agency, Attention: SFBA (Reading Room), room 1E520, Washington, DC 20310. (10) Recorder/Secretary or Assistant. (11) Hearings. (12) Evidence and testimony. (ii) Formal rules of evidence shall not be applied in DRB proceedings. The presiding officer shall rule on matters of procedure and shall ensure that reasonable bounds of relevancy and materiality are maintained in the taking of evidence and presentation of witnesses. (iii) Applicants undergoing hearings shall be permitted to make sworn or unsworn statements, if they so desire, or to introduce witnesses, documents, or other information on their behalf, at no expense to the Department of Defense. (iv) Applicants may also make oral or written arguments personally or through counsel or representatives. (v) Applicants who present sworn or unsworn statements and witnesses may be questioned by the DRB. All testimony shall be taken under oath or affirmation unless the applicant specifically requests to make an unsworn statement. (vi) There is a presumption of regularity in the conduct of governmental affairs. This presumption can be applied in any review unless there is substantial credible evidence to rebut the presumption. (c) Decision process. (2) The presiding officer is responsible for the conduct of the discharge review. The presiding officer shall convene, recess, and adjourn the DRB panel as appropriate and shall maintain an atmosphere of dignity and decorum at all times. (3) Each DRB member shall act under oath or affirmation requiring careful, objective consideration of the application. DRB members are responsible for eliciting all facts necessary for a full and fair hearing. They shall consider all information presented to them by the applicant. In addition, they shall consider available Military Service and health records, together with other records that may be in the files of the Military Department concerned and relevant to the issues before the DRB, and any other evidence obtained in accordance with this part. (4) The DRB shall identify and address issues after a review of the following material obtained and presented in accordance with this part and the implementing instructions of the DRB: Available official records, documentary evidence submitted by or on behalf of an applicant, presentation of a hearing examination, testimony by or on behalf of an applicant, oral or written arguments presented by or on behalf of an applicant, and any other relevant evidence. (5) If an applicant who has requested a hearing does not respond to a notification letter or does not appear for a scheduled hearing, the DRB may complete the review on the basis of material previously submitted. (6) Application of standards. (ii) When the DRB determines that an applicant's discharge was inequitable (see § 70.9(c)), any change will be based on the evaluation of the applicant's overall record of service and relevant regulations of the Military Service of which the applicant was a member. (7) Voting shall be conducted in closed session, a majority of the five members' votes constituting the DRB decision. Voting procedures shall be prescribed by the Secretary of the Military Department concerned. (8) Details of closed session deliberations of a DRB are privileged information and shall not be divulged. (9) There is no requirement for a statement of minority views in the event of a split vote. The minority, however, may submit a brief statement of its views under procedures established by the Secretary concerned. (10) DRBs may request advisory opinions from staff officers of their Military Departments. These opinions are advisory in nature and are not binding on the DRB in its decision-making process. (11) The preliminary determinations required by 38 U.S.C. 3103(e) shall be made upon majority vote of the DRB concerned on an expedited basis. Such determination shall be based upon the standards set forth in § 70.9 of this part. (12) The DRB shall: (ii) Address decisional issues under paragraph (e) of this section; and (iii) Prepare a decisional document in accordance with paragraph (h) of this section. (d) Response to items submitted as issues by the applicant General guidance. (ii) If an applicant uses a “building block” approach (that is, setting forth a series of conclusions on issues that lead to a single conclusion purportedly warranting a change in the applicant's discharge), normally there should be a separate response to each issue. (iii) Nothing in this paragraph precludes the DRB from making a single response to multiple issues when such action would enhance the clarity of the decisional document, but such response must reflect an adequate response to each separate issue. (2) Decisional issues. (i) When the DRB decides that a change in discharge should be granted, and the DRB bases its decision in whole or in part on the applicant's issue; or (ii) When the DRB does not provide the applicant with the full change in discharge requested, and the decision is based in whole or in part on the DRB's disagreement on the merits with an issue submitted by the applicant. (3) Response to items not addressed as decisional issues. (ii) If the applicant does not receive the full change in discharge requested with respect to either the character of or reason for discharge (or both), the DRB shall address the items submitted by the applicant under paragraph (e) of this section (decisional issues) unless one of the following responses is applicable: (A) Duplicate issues. (B) Citations without principles and facts. (C) Unclear issues. (D) Nonspecific issues. (e) Decisional issues General. (i) Partial change. (ii) Relationship of issue to character of or reason for discharge. (iii) Relationship of an issue to propriety or equity. (B) If an applicant identifies an issue as pertaining to the propriety of the discharge (for example, by citing a propriety standard or otherwise claiming that a change in discharge is required as a matter of law), the DRB shall consider the issue solely as a matter of propriety. Except as provided in paragraph (e)(1)(iii)(D) of this section, the DRB is not required to consider such an issue under the equity standards. (C) If the applicant's issue contends that the DRB is required as a matter of law to follow a prior decision by setting forth an issue of propriety from the prior decision and describing its relationship to the applicant's case, the issue shall be considered under the propriety standards and addressed under paragraph (e)(2) or (e)(3) of this section. (D) If the applicant's issue sets forth principles of equity contained in a prior DRB decision, describes the relationship to the applicant's case, and contends that the DRB is required as a matter of law to follow the prior case, the decisional document shall note that the DRB is not bound by its discretionary decisions in prior cases under the standards in § 70.9. However, the principles cited by the applicant, and the description of the relationship of the principles to the applicant's case, shall be considered under the equity standards and addressed under paragraph (e)(5) or (e)(6) of this section. (E) If the applicant's issue cannot be identified as a matter of propriety or equity, the DRB shall address it as an issue of equity. (2) Change of discharge: issues of propriety. (3) Denial of the full change requested: issues of propriety. (ii) The decisional document shall list reasons for its conclusion on each issue of propriety under the following guidance: (A) If a reason is based in whole or in part upon a regulation, statute, constitutional provision, judicial determination, or other source of law, the DRB shall cite the pertinent source of law and the facts in the record that demonstrate the relevance of the source of law to the particular circumstances in the case. (B) If a reason is based in whole or in part on a determination as to the occurrence or nonoccurrence of an event or circumstance, including a factor required by applicable Service regulations to be considered for determination of the character of and reason for the applicant's discharge, the DRB shall make a finding of fact for each such event or circumstance. ( 1 ( 2 (C) If the DRB disagrees with the position of the applicant on an issue of propriety, the following guidance applies in addition to the guidance in paragraphs (e)(3)(ii) (A) and (B) of this section: ( 1 ( 2 ( 3 ( 4 ( 5 ( 6 (4) Denial of the full change in discharge requested when propriety is not at issue. (5) Change of discharge: issues of equity. (6) Denial of the full change in discharge requested: issues of equity. (ii) The DRB shall list reasons for its conclusion on each issue of equity under the following guidance: (A) If a reason is based in whole or in part upon a regulation, statute, constitutional provision, judicial determination, or other source of law, the DRB shall cite the pertinent source of law and the facts in the record that demonstrate the relevance of the source of law to the exercise of discretion on the issue of equity in the applicant's case. (B) If a reason is based in whole or in part on a determination as to the occurrence or nonoccurrence of an event or circumstance, including a factor required by applicable Service regulations to be considered for determination of the character of and reason for the applicant's discharge, the DRB shall make a finding of fact for each such event or circumstance. ( 1 ( 2 (C) If the DRB disagrees with the position of the applicant on an issue of equity, the following guidance applies in addition to the guidance in paragraphs (e)(6)(ii) (A) and (B) of this section: ( 1 ( 2 ( 3 ( 4 ( 5 (D) When the DRB concludes that aggravating factors outweigh mitigating factors, the DRB must set forth reasons such as the seriousness of the offense, specific circumstances surrounding the offense, number of offenses, lack of mitigating circumstances, or similar factors. The DRB is not required, however, to explain why it relied on any such factors unless the applicability or weight of such a factor is expressly raised as an issue by the applicant. (E) If the applicant has not submitted any issues and the DRB has not otherwise relied upon an issue of equity for a change in discharge, the decisional document shall contain a statement to that effect, and shall note that the major factors upon which the discharge was based are set forth in the service record portion of the decisional document. (f) The recommendation of the DRB President General. (2) Format for recommendation. (i) Adoption of the DRB's decisional document. (ii) Adoption of the specific statements from the majority. (iii) Response to issues not included in matter adopted from the majority. (A) The issues on which the president's recommendation is based. Each such decisional issue shall be addressed by the president under paragraph (e) of this section, (B) The president's response to items submitted as issues by the applicant under paragraph (d) of this section. (C) Reasons for rejecting the conclusions of the majority with respect to decisional issues which, if resolved in the applicant's favor, would have resulted in greater relief for the applicant than that afforded by the president's recommendation. Suh issues shall be addressed under the principles in paragraph (e) of this section. (g) Secretarial reviewing authority (SRA) Review by the SRA. (i) The SRA may review the following types of cases before issuance of the final notification of a decision: (A) Any specific case in which the SRA has an interest. (B) Any specific case that the president of the DRB believes is of significant interest to the SRA. (ii) Cases reviewed by the SRA shall be considered under the standards set forth in § 70.9. (2) Processing the decisional document. (ii) The following guidance applies to cases that have been forwarded to the SRA except for cases reviewed on the DRB's own motion without the participation of the applicant or the applicant's counsel: (A) The applicant and counsel or representative, if any, shall be provided with a copy of the proposed decisional document, including the DRB president's recommendation to the SRA, if any. Classified information shall be summarized. (B) The applicant shall be provided with a reasonable period of time, but not less than 25 days, to submit to the SRA a rebuttal. An issue in rebuttal consists of a clear and specific statement by the applicant in support of or in opposition to the statements of the DRB or DRB president on decisional issues and other clear and specific issues that were submitted by the applicant in accordance with paragraph (a)(4)(i) of this section. The rebuttal shall be based solely on matters in the record before when the DRB closed the case for deliberation or in the president's recommendation. (3) Review of the decisional document. (4) The Addendum of the SRA. (i) The SRA's decision. (ii) Discussion of issues. (A) Adoption of the DRB president's recommendation. (B) Adoption of the DRB's proposed decisional document. (C) Adoption of specific statements from the majority or the DRB president. (D) Response to issues not included in matter adopted from the DRB or the DRB president. ( 1 ( 2 (iii) Response to the rebuttal. (B) If the SRA does not grant the full change in discharge requested by the applicant (or a more favorable change), the addendum shall list each issue in rebuttal submitted by an applicant in accordance with this section, and shall set forth the response of the SRA under the following guidance: ( 1 ( 2 ( 3 (iv) Index entries. (h) The decisional document. (1) The circumstances and character of the applicant's service as extracted from available service records, including health records, and information provided by other Government authorities or the applicant, such as, but not limited to: (i) Information concerning the discharge at issue in the review, including: (A) Date (YYMMDD) of discharge. (B) Character of discharge. (C) Reason for discharge. (D) The specific regulatory authority under which the discharge was issued. (ii) Date (YYMMDD) of enlistment. (iii) Period of enlistment. (iv) Age at enlistment. (v) Length of service. (vi) Periods of unauthorized absence. (vii) Conduct and efficiency ratings (numerical or narrative). (viii) Highest rank received. (ix) Awards and decorations. (x) Educational level. (xi) Aptitude test scores. (xii) Incidents of punishment pursuant to Article 15, Uniform Code of Military Justice (including nature and date (YYMMDD) of offense or punishment). (xiii) Convictions by court-martial. (xiv) Prior military service and type of discharge received. (2) A list of the type of documents submitted by or on behalf of the applicant (including a written brief, letters of recommendation, affidavits concerning the circumstances of the discharge, or other documentary evidence), if any. (3) A statement whether the applicant testified, and a list of the type of witnesses, if any, who testified on behalf of the applicant. (4) A notation whether the application pertained to the character of discharge, the reason for discharge, or both. (5) The DRB's conclusions on the following: (i) Whether the character of or reason for discharge should be changed. (ii) The specific changes to be made, if any. (6) A list of the items submitted as issues on DD Form 293 or expressly incorporated therein and such other items submitted as issues by the applicant that are identified as inadvertently omitted under paragraph (a)(4)(i)(D) of this section. If the issues are listed verbatim on DD Form 293, a copy of the relevant portion of the Form may be attached. Issues that have been withdrawn or modified with the consent of the applicant need not be listed. (7) The response to the items submitted as issues by the applicant under the guidance in paragraph (d) of this section. (8) A list of decisional issues and a discussion of such issues under the guidance in paragraph (e) of this section. (9) Minority views, if any, when authorized under rules of the Military Department concerned. (10) The recommendation of the DRB president when required by paragraph (f) of this section. (11) The addendum of the SRA when required by paragraph (g) of this section. (12) Advisory opinions, including those containing factual information, when such opinions have been relied upon for final decision or have been accepted as a basis for rejecting any of the applicant's issues. Such advisory opinions or relevant portions thereof that are not fully set forth in the discussion of decisional issues or otherwise in response to items submitted as issues by the application shall be incorporated by reference. A copy of opinions incorporated by reference shall be appended to the decision and included in the record of proceedings. (13) A record of the voting, including: (i) The number of votes for the DRB's decision and the number of votes in the minority, if any. (ii) The DRB member's names (last name, first name, M.I.) and votes. The copy provided to the applicant may substitute a statement that the names and votes will be made available to the applicant at the applicant's request. (14) Index entries for each decisional issue under appropriate categories listed in the index of decisions. (15) An authentication of the document by an appropriate official. (i) Issuance of decisions following discharge review. (1) Notification to applicants, with copies to counsel or representatives, shall normally be made through the U.S. Postal Service. Such notification shall consist of a notification of decision, together with a copy of the decisional document. (2) Notification to the Military Services shall be for the purpose of appropriate action and inclusion of review matter in personnel records. Such notification shall bear appropriate certification of completeness and accuracy. (3) Actions on review by superior authority, when occurring, shall be provided to the applicant and counsel or representative in the same manner as the notification of the review decision. (j) Record of DRB proceedings. (2) At a minimum, the record will include the following: (i) The application for review; (ii) A record of the testimony in verbatim, summarized, or recorded form at the option of the DRB concerned; (iii) Documentary evidence or copies thereof, considered by the DRB other than the Military Service record; (iv) Briefs and arguments submitted by or on behalf of the applicant; (v) Advisory opinions considered by the DRB, if any; (vi) The findings, conclusions, and reasons developed by the DRB; (vii) Notification of the DRB's decision to the cognizant custodian of the applicant's records, or reference to the notification document; (viii) Minority reports, if any; (ix) A copy of the decisional document. (k) Final disposition of the Record of Proceedings. (l) Availability of Discharge Review Board documents for inspection and copying. (2) To prevent a clearly unwarranted invasion of personal privacy, identifying details of the applicant and other persons will be deleted from documents made available for public inspection and copying. (i) Names, addresses, social security numbers, and Military Service numbers must be deleted. Written justification shall be made for all other deletions and shall be available for public inspection. (ii) Each DRB shall ensure that there is a means for relating a decisional document number to the name of the applicant to permit retrieval of the applicant's records when required in processing a complaint under § 70.10. (3) Any other privileged or classified material contained in or appended to any documents required by this part to be furnished the applicant and counsel or representative or made available for public inspection and copying may be deleted therefrom only if a written statement of the basis for the deletions is provided the applicant and counsel or representative and made available for public inspection. It is not intended that the statement be so detailed as to reveal the nature of the withheld material. (4) DRB documents made available for public inspection and copying shall be located in the Armed Forces Discharge Review/Correction Board Reading Room. The documents shall be indexed in a usable and concise form so as to enable the public, and those who represent applicants before the DRBs, to isolate from all these decisions that are indexed, those cases that may be similar to an applicant's case and that indicate the circumstances under or reasons for (or both) which the DRB or the Secretary concerned granted or denied relief. (i) The reading file index shall include, in addition to any other items determined by the DRB, the case number, the date, character of, reason and authority for the discharge. It shall also include the decisions of the DRB and reviewing authority, if any, and the issues addressed in the statement of findings, conclusions, and reasons. (ii) The index shall be maintained at selected permanent locations throughout the United States. This ensures reasonable availability to applicants at least 30 days before a traveling panel review. A list of these locations shall be published in the Federal Register (iii) The Armed Forces Discharge Review/Correction Board Reading Room shall publish indexes quarterly for all DRBs. All DRBs shall be responsible for timely submission to the Reading Room of individual case information required for update of the indexes. In addition, all DRBs shall be responsible for submission of new index categories based upon published changes in policy, procedures, or standards. These indexes shall be available for public inspection or purchase (or both) at the Reading Room. When the DRB has accepted an application, information concerning the availability of the index shall be provided in the DRB's response to the application. (iv) Copies of decisional documents will be provided to individuals or organizations outside the NCR in response to written requests for such documents. Although the Reading Room shall try to make timely responses to such requests, certain factors such as the length of a request, the volume of other pending requests, and the impact of other responsibilities of the staff assigned to such duties may cause some delays. A fee may be charged for such documents under appropriate DoD and Department of the Army directives and regulations. The manual that accompanies the index of decisions shall notify the public that if an applicant indicates that a review is scheduled for a specific date, an effort will be made to provide requested decisional documents before that date. The individual or organization will be advised if that cannot be accomplished. (v) Correspondence relating to matters under the cognizance of the Reading Room (including requests for purchase of indexes) shall be addressed to: DA Military Review Boards Agency, Attention: SFBA (Reading Room), Room 1E520, The Pentagon, Washington, DC 20310. (m) Privacy Act information. (n) Information requirement. [47 FR 37785, Aug. 26, 1982, as amended at 48 FR 9855, Mar. 9, 1983; 48 FR 35644, Aug. 5, 1983] § 70.9 Discharge review standards. (a) Objective of review. (b) Propriety. (i) There exists an error of fact, law, procedure, or discretion associated with the discharge at the time of issuance; and that the rights of the applicant were prejudiced thereby (such error shall constitute prejudicial error if there is substantial doubt that the discharge would have remained the same if the error had not been made); or (ii) A change in policy by the Military Service of which the applicant was a member, made expressly retroactive to the type of discharge under consideration, requires a change in the discharge. (2) When a record associated with the discharge at the time of issuance involves a matter in which the primary responsibility for corrective action rests with another organization (for example, another Board, agency, or court), the DRB will recognize an error only to the extent that the error has been corrected by the organization with primary responsibility for correcting the record. (3) The primary function of the DRB is to exercise its discretion on issues of equity by reviewing the individual merits of each application on a case-by-case basis. Prior decisions in which the DRB exercised its discretion to change a discharge based on issues of equity (including the factors cited in such decisions or the weight given to factors in such decisions) do not bind the DRB in its review of subsequent cases because no two cases present the same issues of equity. (4) The following applies to applicants who received less than fully Honorable administrative discharges because of their civilian misconduct while in an inactive reserve component and who were discharged or had their discharge reviewed on or after April 20, 1971: the DRB shall either recharacterize the discharge to Honorable without any additional proceedings or additional proceedings shall be conducted in accordance with the Court's Order of December 3, 1981, in Wood v. Secretary of Defense (i) An Other than Honorable (formerly undesirable) Discharge for an inactive reservist can only be based upon civilian misconduct found to have affected directly the performance of military duties; (ii) A General Discharge for an inactive reservist can only be based upon civilian misconduct found to have had an adverse impact on the overall effectiveness of the military, including military morale and efficiency. (c) Equity. (1) In the course of a discharge review, it is determined that the policies and procedures under which the applicant was discharged differ in material respects from policies and procedures currently applicable on a Service-wide basis to discharges of the type under consideration provided that: (i) Current policies or procedures represent a substantial enhancement of the rights afforded a respondent in such proceedings; and (ii) There is substantial doubt that the applicant would have received the same discharge if relevant current policies and procedures had been available to the applicant at the time of the discharge proceedings under consideration. (2) At the time of issuance, the discharge was inconsistent with standards of discipline in the Military Service of which the applicant was a member. (3) In the course of a discharge review, it is determined that relief is warranted based upon consideration of the applicant's service record and other evidence presented to the DRB viewed in conjunction with the factors listed in this section and the regulations under which the applicant was discharged, even though the discharge was determined to have been otherwise equitable and proper at the time of issuance. Areas of consideration include, but are not limited to: (i) Quality of service, as evidenced by factors such as: (A) Service history, including date of enlistment, period of enlistment, highest rank achieved, conduct or efficiency ratings (numerical or narrative); (B) Awards and decorations; (C) Letters of commendation or reprimand; (D) Combat service; (E) Wounds received in action; (F) Records of promotions and demotions; (G) Level of responsibility at which the applicant served; (H) Other acts of merit that may not have resulted in a formal recognition through an award or commendation; (I) Length of service during the service period which is the subject of the discharge review; (J) Prior military service and type of discharge received or outstanding postservice conduct to the extent that such matters provide a basis for a more thorough understanding of the performance of the applicant during the period of service which is the subject of the discharge review; (K) Convictions by court-martial; (L) Records of nonjudicial punishment; (M) Convictions by civil authorities while a member of the Service, reflected in the discharge proceedings or otherwise noted in military service records; (N) Records of periods of unauthorized absence; (O) Records relating to a discharge instead of court-martial. (ii) Capability to serve, as evidenced by factors such as: (A) Total capabilities. (B) Family and Personal Problems. (C) Arbitrary or capricious action. (D) Discrimination. § 70.10 Complaints concerning decisional documents and index entries. (a) General. (2) This section may be modified or supplemented by the DASD(MP&FM). (3) The following persons may submit complaints: (i) A former member of the Armed Forces (or the former member's counsel) with respect to the decisional document issued in the former member's own case; and (ii) A former member of the Armed Forces (or the former member's counsel) who states that correction of the decisional document will assist the former member in preparing for an administrative or judicial proceeding in which the former member's own discharge will be at issue. (4) The Department of Defense is committed to processing of complaints within the priorities and processing goals set forth in paragraph (d)(1)(iii) of this section. This commitment, however, is conditioned upon reasonable use of the complaint process under the following considerations. The DRBs were established for the benefit of former members of the Armed Forces. The complaint process can aid such persons most effectively if it is used by former members of the Armed Forces when necessary to obtain correction of their own decisional documents or to prepare for discharge reviews. If a substantial number of complaints submitted by others interferes with the ability of the DRBs to process applications for discharge review in a timely fashion, the Department of Defense will adjust the processing goals to ensure that the system operates to the primary advantage of applicants. (5) The DASD(MP&FM) is the final authority with respect to action on such correspondence. (b) The Joint Service Review Activity (JSRA). (c) Classification and control of correspondence Address of the JSRA. (2) Docketing. (3) Classification. (i) Complaints. Urban Law See (ii) Inquiries. (d) Review of complaints Guidance. (i) Standards. (A) The applicant's case. Urban Law Urban Law (B) Other cases. (ii) Use of DD Form 293. (iii) Scope of review. Urban Law (iv) Allegations pertaining to an applicant's submission. (A) When the complaint is submitted by the applicant, and the record of the hearing is ambiguous on the question whether there was a meeting of minds between the applicant and the DRB as to modification or omission of the issue, the ambiguity will be resolved in favor of the applicant. (B) When the complaint is submitted by a person other than the applicant, it must set forth facts (other than the mere omission or modification of an issue) demonstrating a reasonable likelihood that the issue was omitted or modified without the applicant's consent. (C) When the complaint is rejected on the basis of the presumption of regularity, the response to the complaint must be set forth the reasons why the evidence submitted by the complainant was not sufficient to overcome the presumption. (D) With respect to decisional documents issued on or after the effective date of the amendments to § 70.8, any change in wording of an applicant's issue which is effected in violation of the principles set forth in § 70.8(a)(5)(iii) constitutes an error requiring corrective action. With respect to a decisional document issued before that date, corrective action will be taken only when there has been a complaint by the applicant or counsel with respect to the applicant's own decisional document and it is determined that the wording was changed or the issue was omitted without the applicant's consent. (E) If there are references in the decisional document to matters not raised by the applicant and not otherwise relied upon in the decision, there is no requirement under the Urban Law (v) Guidance as to other types of complaints. (A) The Stipulation of Dismissal requires only that those facts that are essential to the decision be listed in the decisional document. The requirement for listing specified facts from the military record was not established until March 29, 1978, in 32 CFR part 70 Decisional documents issued prior to that date are sufficient if they meet the requirements of the Stipulation. (B) When an applicant submits a brief that contains material in support of a proposed conclusion on an issue, the DRB is not required to address each aspect of the supporting material in the brief. However, the decisional document should permit the applicant to understand the DRB's position on the issue and provide reviewing authorities with an explanation that is sufficient to permit review of the DRB's decision. When an applicant submits specific issues and later makes a statement before the DRB that contains matter in support of that issue, it is not necessary to list such supporting matter as a separate issue. (C) For all decisional documents issued before November 27, 1982, failure to respond to an issue raised by an applicant constitutes error unless it reasonably may be inferred from the record that the DRB response relied on one of the exceptions listed in § 70.8(d)(3)(ii); (e)(3)(ii)(C) ( 3 4 3 4 (D) When a case is reviewed upon request of an applicant, and the DRB upgrades the discharge to “General,” the DRB must provide reasons why it did not upgrade to “Honorable” unless the applicant expressly requests lesser relief. This requirement applies to all requests for corrective action submitted by an applicant with respect to his or her decisional document. In all other cases, this requirement applies to decisional documents issued on or after November 9, 1978. When the DRB upgrades to General, its explanation for not upgrading to Honorable may consist of reference to adverse matter from the applicant's military record. When a discharge is upgraded to General in a review on the DRB's own motion, there is no requirement to explain why the discharge was not upgraded to Honorable. (E) There is no requirement under the Stipulation of Dismissal to provide reasons for uncontested findings. The foregoing applies to decisional documents issued before November 27, 1982. With respect to decisional documents issued on or after that date, the following guidance applies with respect to an uncontested issue of fact that forms the basis for a grant or denial of a change in discharge: the decisional document shall list the specific source of information relied upon in reaching the conclusion, except when the information is listed in the portion of the decisional document that summarizes the service record. (F) The requirements of § 70.8(e)(3) (ii)(B)( 2 2 (G) When the DRB balances mitigating factors against aggravating factors as the reason for a conclusion, the Stipulation of Dismissal does not require the statement of reasons to set forth the specific factors that were balanced if such factors are otherwise apparent on the fact of the decisional document. The foregoing applies to decisional documents prepared before November 27, 1982. With respect to decisional documents prepared after that date, the statements addressing decisional issues in such a case will list or refer to the factors supporting the conclusion in accordance with § 70.8(e)(6)(ii). (vi) Documents that were the subject of a prior complaint. (A) If the complaint concerns a decisional document that was the subject of a prior complaint in which action was completed, the complainant will be informed of the substance and disposition of the prior complaint, and will be further informed that no additional action will be taken unless the complainant within 30 days demonstrates that the prior disposition did not produce a decisional document that comports with the requirements of paragraph (d)(1)(i)(A) of this section. (B) If the complaint concerns a decisional document that is the subject of a pending complaint, the complainant will be informed that he or she will be provided with the results of the pending complaint. (C) These limitations do not apply to the initial complaint submitted on or after the effective date of the amendments to this section by an applicant with respect to his or her own decisional document. (2) Duties of the administrative director. (i) Acknowledge receipt of the complaint; (ii) Assign a docket number and note the date of receipt; and (iii) Forward the complaint to the Military Department concerned, except that the case may be forwarded directly to the DASD (MP&FM) when the administrative director makes an initial determination that corrective action is not required. (3) Administrative processing. (i) Complaints normally shall be processed on a first-in/first-out basis, subject to the availability of records, pending discharge review actions, and the following priorities: (A) The first priority category consists of cases in which ( 1 2 (B) The second priority category consists of requests for correction of the decisional document in the complainant's own discharge review case. (C) The third priority category consists of complaints submitted by former members of the Armed Forces (or their counsel) who state that the complaint is submitted to assist the former member's submission of an application for review. (D) The fourth priority category consists of other complaints in which the complainant demonstrates that correction of the decisional document will substantially enhance the ability of applicants to present a significant issue to the DRBs. (E) The fifth priority category consists of all other cases. (ii) Complainants who request consideration in a priority category shall set forth in the complaint the facts that give rise to the claim of placement in the requested category. If the complaint is relevant to a pending discharge review in which the complainant is applicant or counsel, the scheduled date of the review should be specified. (iii) The administrative director is responsible for monitoring compliance with the following processing goals: (A) The administrative director normally shall forward correspondence to the Military Department concerned within 3 days after the date of receipt specified in the docket number. Correspondence forwarded directly to the DASD(MP&FM) under paragraph (d)(2)(iii) of this section, normally shall be transmitted within 7 days after the date of receipt. (B) The Military Department normally shall request the necessary records within 5 working days after the date of receipt from the administrative director. The Military Department normally shall complete action under paragraph (d)(4) of this section within 45 days after receipt of all necessary records. If action by the Military Department is required under paragraph (d)(9) of this section, normally it shall be completed within 45 days after action is taken by the DASD(MP&FM). (C) The JSRA normally shall complete action under paragraph (d)(7) of this section at the first monthly meeting held during any period commencing 10 days after the administrative director receives the action of the Military Department under paragraph (d)(5) of this section. (D) The DASD(MP&FM) normally shall complete action under paragraph (d)(8) of this section within 30 days after action is taken by the JSRA under paragraph (d)(7) of this section or by the administrative director under paragraph (d)(2)(iii) of this section. (E) If action is not completed within the overall processing goals specified in this paragraph, the complainant shall be notified of the reason for the delay by the administrative director and shall be provided with an approximate date for completion of the action. (iv) If the complaints are submitted in any 30 day period with respect to more than 50 decisional documents, the administrative director shall adjust the processing goals in light of the number of complaints and discharge review applications pending before the DRBs. (v) At the end of each month, the administrative director shall send each Military Department a list of complaints, if any, in which action has not been completed within 60 days of the docket date. The Military Department shall inform the administrative director of the status of each case. (4) Review of complaints by the Military Departments. (i) Rejection of complaint. (ii) Partial agreement. (iii) Full agreement. (iv) Other defects. Urban Law (v) Appropriate corrective action. (A) If a complaint concerns the decisional document in the complainant's own discharge review case, appropriate corrective action consists of amending the decisional document or providing the complainant with an opportunity for a new discharge review. An amended decisional document will be provided if the applicant requests that form of corrective action. (B) If a complaint concerns a decisional document involving an initial record review under the Special Discharge Review Program or the Pub. L. 95-126 rereview program, appropriate corrective action consists of ( 1 2 de novo (C) When corrective action is taken with respect to a decisional document in cases prepared under Pub. L. 95-126 the DRB must address issues previously raised by the DRB or the applicant during review of the same case during the SDRP only insofar as required by the following guidance: ( 1 ( 2 ( 3 (D) Except for cases falling under paragraph (d)(4)(v)(B) of this section, if a complaint concerns a decisional document in which the applicant received an Honorable Discharge and the full relief requested, if any, with respect to the reason for discharge, appropriate corrective action consists of amending the decisional document. (E) In all other cases, appropriate corrective action consists of amending the decisional document or providing the applicant with the opportunity for a new review, except that an amended decisional document will be provided when the complainant expressly requests that form of corrective action. (vi) Amended decisional documents. (A) The action of the amending authority does not necessarily reflect substantive agreement with the decision of the original DRB panel (or SRA) on the merits of the case. (B) A corrected decisional document created by amending a decisional document in response to a complaint will be based upon the complete record before the DRB (or the SRA) at the time of the original defective statement was issued, including, if available, a transcript, tape recording, videotape or other record of a hearing, if any. The new decisional document will be indexed under categories relevant to the new statements. (C) When an amended decisional document is required under paragraphs (d)(4)(v)(A) and (d)(4)(v)(D) of this section and the necessary records cannot be located, a notation to that effect will be made on the decisional document, and the applicant and counsel, if any, will be afforded an opportunity for a new review, and the complainant will be informed of the action. (D) When an amended decisional document is requested under paragraph (d)(4)(v)(C) and the necessary records cannot be located, a notation to that effect will be made on the decisional document, and the complainant will be informed that the situation precludes further action. (vii) Time limit for requesting a new review. (viii) Interim notification. (ix) Final notification. (5) Transmittal to the administrative director. (i) The “Review of Complaint.” (ii) A copy of the amendment to the decisional document and the accompanying transmittal letter or letters to the applicant and counsel, if any, and to the complainant, if other than the applicant or counsel. (iii) A copy of the notification to the applicant and counsel, if any, of the opportunity to request a new review, and a copy of the notification to the complainant, if other than the applicant or counsel, that the applicant has been authorized a new review. (6) Review by the administrative director. (i) If the Military Department determined that any of the allegations contained in the complaint are not specific or have no merit, the JSRA shall review the complaint and accompanying documents. The JSRA shall address the allegations using the format at attachment 2 (Review of and Recommended Action on Complaint) and shall note any other defects in the decisional document or index entries not previously noted by the Military Department. This does not establish a requirement for the JSRA to review such complaints for any purpose other than to address the allegations contained in the complaint; rather, it simply provides a format for the JSRA to address other defects noted in the course of processing the complaint. (ii) If the Military Department determined that all of the allegations contained in the complaint have merit and its DRB amended the decisional document, the amended decisional document shall be subject to review by the JSRA on a sample basis each quarter using the format at attachment 3 (Review of any Recommendation on Amended Decisional Document). (iii) If the Military Department determined that all of the allegations contained in the complaint have merit and its DRB notified the applicant and counsel, if any, of the opportunity to request a new review, review of such corrective action is not required. (7) Review by the JSRA. (8) Review by the DASD(MP&FM). (i) The DASD(MP&FM) shall review complaints using the format at Attachment 4 (Review of and Action on Complaint). The DASD(MP&FM) is the final authority in determining whether the allegations contained in a complaint are specific and have merit. If the DASD(MP&FM) determines that no further action by the Military Department is warranted, the complainant and the Military Department shall be so informed. If the DASD(MP&FM) determines that further action by the Military Department is required, the Military Department shall be directed to ensure that appropriate corrective action is taken by its DRB and the complainant shall be provided an appropriate interim response. (ii) The DASD(MP&FM) shall review amended decisional documents using the format at attachment 5 (Review of and Action on Amended Decisional Document). The DASD(MP&FM) is the final authority in determining whether an amended decisional document complies with applicable requirements of the Urban Law (iii) It is noted that any violation of applicable requirements of the Urban Law Urban Law (9) Further action by the Military Department. (ii) The Military Department shall provide the administrative director with the following documents when relevant to corrective action taken in accordance with paragraph (d)(4) of this section: (A) A copy of the amendment to the decisional document and the accompanying transmittal letter or letters to the applicant and counsel, if any, and to the complainant, if other than the applicant or counsel. (B) A copy of the notification to the applicant and counsel, if any, of the opportunity to request a new review, and a copy of the notification to the complainant, if other than the applicant or counsel, that the applicant has been authorized a new review. (iii) The administrative director shall review the documents relevant to corrective action taken in accordance with paragraph (d)(4) of this section, and ensure the following: (A) If the DRB amended the decisional document, the amended decisional document shall be subject to review by the JSRA on a sample basis each quarter using the format at attachment 3 (Review of and Recommended Action on Amended Decisional Document). (B) If the DRB notified the applicant and counsel, if any, of the opportunity to request a new review, review of such corrective action is not required. (10) Documents required by the JSRA or DASD (MP&FM). (e) Responses to inquiries. (1) The administrative director shall assign a docket number to the inquiry. (2) The administrative director shall forward the inquiry to the Military Department concerned. (3) The Military Department shall prepare a response to the inquiry and provide the administrative director with a copy of the response. (4) The Military Department's response shall include the following or similar wording: “This is in response to your inquiry to the Office of the Assistant Secretary of Defense (Manpower, Reserve Affairs, and Logistics) dated ________ concerning ________. (f) Indexing. (g) Disposition of documents. (h) Referral by the General Counsel, Department of Defense. Urban Law (i) Decisional document and index entry principles. (j) Implementation of amendments. (1) Any further action on the correspondence shall be taken in accordance with the amendments; and (2) No revision of any action taken prior to the effective date of such amendments is required. Attachment 1—Review of Complaint Military Department: Decisional Document Number: Name of Complainant: Docket Number: Date of this Review: 1. Specific allegation(s) noted: 2. With respect in support of the conclusion, enter the following information: a. Conclusion whether corrective action is required. b. Reasons in support of the conclusion, including findings of fact upon which the conclusion is based. 3. Other defects noted in the decisional document or index entries: (Authentication) Attachment 2—Joint Service Review Activity Office of the Assistant Secretary of Defense (Manpower, Reserve Affairs, and Logistics) Review by the Joint Service Review Activity Military Department: Decisional Document Number: Name of Complainant: Name of Applicant: Docket Number: Date of this Review: 1. The Military Department's “Review of Complaint” is attached as enclosure 1. 2. Specific Allegations: See part 1 of Military Department's “Review of Complaint” (enclosure 1). 3. Specific allegation(s) not noted by the Military Department: 4. With respect to each allegation, enter the following information: a. Conclusion as to whether corrective action is required. b. Reasons in support of the conclusion, including findings of fact upon which conclusion is based. Note. If JSRA agrees with the Military Departments, the JSRA may respond by entering a statement of adoption. 5. Other defects in the decisional document or index entries not noted by the Military Departments: 6. Recommendation: [ ] The complainant and the Military Department should be informed that no further action on the complaint is warranted. [ ] The Military Department should be directed to take corrective action consistent with the above comments. Army Member, JSRA Air Force Member, JSRA Navy Member, JSRA Recorder, JSRA Attachment 3—Joint Service Review Activity Office of the Assistant Secretary of Defense (Manpower, Reserve Affairs, and Logistics) Review of Amended Decisional Document (Quarterly Review) Military Department: Decisional Document Number: Name of Complainant: Name of Applicant: Docket Number: Date of this Review: Recommendation: [ ] The amended decisional document complies with the requirements of the Stipulation of Dismissal and, when applicable, DoD Directive 1332.28. The Military Department should be informed that no further corrective action is warranted. [ ] The amended decisional document does not comply with the Stipulation of Dismissal or DoD Directive 1332.28 as noted herein. The Military Department should be directed to ensure that corrective action consistent with the defects noted is taken by its Discharge Review Board. Army Member, JSRA Air Force Member, JSRA Navy Member, JSRA Recorder, JSRA Yes No NA Item Source ☐ ☐ ☐ 1. Date of discharge 1. DoD Directive 1332.28, enclosure 3, subsection H.1.; Stipulation (Jan. 31, 1977) para. 5.A.(1)(d)(i) (reference (1)). ☐ ☐ ☐ a. Date of discharge ☐ ☐ ☐ b. Character of discharge ☐ ☐ ☐ c. Reason for discharge ☐ ☐ ☐ d. Specific regulatory authority under which discharge was issued ☐ ☐ ☐ 2. Service data. 2. DoD Directive 1332.28, enclosure 3, subsection H.1.; Annex B, (June ____, 1982) para. 2-2 (reference (1)). ☐ ☐ ☐ a. Date of enlistment ☐ ☐ ☐ b. Period of enlistment ☐ ☐ ☐ c. Age at enlistment ☐ ☐ ☐ d. Length of service ☐ ☐ ☐ e. Periods of unauthorized absence* ☐ ☐ ☐ f. Conduct and efficiency ratings (numerical and narrative)* ☐ ☐ ☐ g. Highest rank achieved ☐ ☐ ☐ h. Awards and decorations* ☐ ☐ ☐ i. Educational level ☐ ☐ ☐ j. Aptitude test scores ☐ ☐ ☐ k. Art. 15s (including nature and date of offense or punishment)* ☐ ☐ ☐ l. Convictions by court-martial* ☐ ☐ ☐ m. Prior military service and type of discharge(s) received* ☐ ☐ ☐ 3. Reference to materials presented by applicant. 3. DoD Directive 1332.28, enclosure 3, subsection H.2.; H.3. ☐ ☐ ☐ a. Written brief* ☐ ☐ ☐ b. Documentary evidence* ☐ ☐ ☐ c. Testimony* ☐ ☐ ☐ 4. Items submitted as issues. 4. DoD Directive 1332.28, enclosure 3, subsection H.6. ☐ ☐ ☐ 5. Conclusions. 5. Dod Directive 1332.28, enclosure 3, subsection H.5.; Stipulation (Jan. 31, 1977), paragraph 5.A.(1)(d)(iv) (reference (1)). ☐ ☐ ☐ a. Determination of whether a discharge upgraded under SDRP would have been upgraded under DoD Directive 1332.28. (This applies only to mandatory reviews under P.L. 95-126 or Special Discharge Review Program (SDRP) ☐ ☐ ☐ b. Character of discharge, when applicable 1 ☐ ☐ ☐ c. Reason for discharge, when applicable 2 ☐ ☐ ☐ 6. Reasons for conclusions. 6. DoD Directive 1332.28, enclosure 3, subsection H.7., H.8.; Stipulation (Jan. 31, 1977) para. 5.A.(1)(d)(v) (reference (1)). ☐ ☐ ☐ a. Whether a discharge upgraded under the SDRP would have been upgraded under DoD Directive 1332.28. (This applies only to mandatory rereviews under P.L. 95-126 or SDRP reviews.) ☐ ☐ ☐ b. Character of discharge, where applicable 1 ☐ ☐ ☐ c. Reason for discharge, where applicable 2 ☐ ☐ ☐ 7. Advisory opinions 7. DoD Directive 1332.28, enclosure 3, subsection H.12., Stipulation (Jan. 31, 1977) para. 5.A.(1)(f) (reference (1)). ☐ ☐ ☐ 8. Recommendation of DRB President 8. DoD Directive 1332.28, enclosure 3, subsection H.12., Stipulation (Jan. 31, 1977) para. 5.A.(1)(g) (reference (1)). ☐ ☐ ☐ 9. A record of voting 9. DoD Directive 1332.28, enclosure 3, subsection H.13., Stipulation (Jan. 31, 1977) para. 5.A.(3) (reference (1)). ☐ ☐ ☐ 10. Indexing of decisional document 10. DoD Directive 1332.28, enclosure 3, subsection H.14., Stipulation (Jan. 31, 1977) para. 5.A.(5)(a) (reference (1)). ☐ ☐ ☐ 11. Authentication of decisional document. 11. DoD Directive 1332.28, enclosure 3, subsection H.15. ☐ ☐ ☐ 12. Other 12. As appropriate. Explanation of items marked “No.” Key: Yes: The decisional document meets the requirements of the Stipulation of Dismissal and, when applicable, DoD Directive 1332.28. No: The decisional document does not meet the requirements of the Stipulation of Dismissal or DoD Directive 1332.28. NA: Not applicable. *Items marked by an asterisk do not necessarily pertain to each review. If the decisional document contains no reference to such an item, NA shall be indicated. When there is a specific complaint with respect to an item, the underlying discharge review record shall be examined to address the complaint. 1 a. Mandatory rereviews under P.L. 95-126 or SDRP reviews. b. Reviews in which the applicant requested only a change in the reason for discharge and the DRB did not raise the character of discharge as a decisional issue. 2 a. The applicant requested a change in the reason for discharge. b. The DRB raised the reason for discharge as a decisional issue. c. A change in the reason for discharge is a necessary component of a change in the character of discharge. Attachment 4—Issues Worksheets 1 Listed Addressed Corrective action required A. Decisional issues providing a basis for the conclusion regarding a change in the character of or reason for discharge. (DoD Directive 1332.28, enclosure 3, subsection D.2): 1. ☐ ☐ ☐ 2. ☐ ☐ ☐ 3. ☐ ☐ ☐ B. Items submitted as issues by the applicant that are not identified as decisional issues. (DoD Directive 1332.28, enclosure 3, subsection D.3): 1. ☐ ☐ ☐ 2. ☐ ☐ ☐ 3. ☐ ☐ ☐ C. Remarks: 1 This review may be based upon the decisional document without reference to the regulation governing the discharge in question except as follows: if there is a specific complaint that the DRB failed to address a specific factor required by applicable regulations to be considered for determination of the character of and reason for the discharge in question [where such factors are a basis for denial of any of the relief requested by the applicant]. (The material in brackets pertains only to discharge reviews conducted on or before March 28, 1978.) Attachment 5—Office of the Assistant Secretary of Defense (Manpower, Reserve Affairs, and Logistics) Review of Complaint (DASD(MP&FM)) Military Department: Decisional Document Number: Name of Complainant: Name of Applicant: Docket Number: Date of this Review: 1. Each allegation is addressed as follows: a. Allegation. b. Conclusion whether corrective action is required. c. Reasons in support of the conclusion, including findings of fact upon which the conclusion is based. Note: If the DASD(MP&FM) agrees with the JSRA, he may respond by entering a statement of adoption. 2. Other defects noted in the decisional document or index entries: 3. Determinations: [ ] No further action on the complaint is warranted. [ ] Corrective action consistent with the above comments is required. Deputy Assistant Secretary of Defense (Military Personnel & Force Management) Attachment 6—Office of the Assistant Secretary of Defense (Manpower, Reserve Affairs, and Logistics) Review of Amended Decisional Document (DASD (MP&FM)) Military Department: Decisional Document Number: Name of Complainant: Name of Applicant: Docket Number: Date of this Review: Recommendation: [ ] The amended decisional document complies with the requirements of the Stipulation of Dismissal and, when applicable, DoD Directive 1332.28. No further corrective action is warranted. [ ] The amended decisional document does not comply with the Stipulation of Dismissal or DoD Directive 1332.28 as noted herein. Further corrective action is required consistent with the defects noted in the attachment. Deputy Assistant Secretary of Defense (Military Personnel & Force Management) Remarks: Attachment 7 Dear ______: It has been determined that the decisional document issued in your case by the (Army) (Navy) (Air Force) Discharge Review Board during the (Special Discharge Review Program) (rereview program under Pub. L. No. 95-126) should be reissued to improve the clarity of the statement of findings, conclusions, and reasons for the decision in your case. In order to obtain a new decisional document you may elect one of the following options to receive a new review under the (Special Discharge Review Program) (rereview program mandated by Pub. L. No. 95-126): 1. You may request a new review, including a personal appearance hearing if you so desire, by responding on or before the suspense date noted at the top of this letter. Taking this action will provide you with a priority review before all other classes of cases. 2. You may request correction of the original decisional document issued to you by responding on or before the suspense date noted at the top of this letter. After you receive a corrected decisional document, you will be entitled to request a new review, including a personal appearance hearing if you so desire. If you request correction of the original decisional document, you will not receive priority processing in terms of correcting your decisional document or providing you with a new review; instead, your case will be handled in accordance with standard processing procedures, which may mean a delay of several months or more. If you do not respond by the suspense date noted at the top of this letter, no action will be taken. If you subsequently submit a complaint about this decisional document, it will be processed in accordance with standard procedures. To ensure prompt and accurate processing of your request, please fill out the form below, cut it off at the dotted line, and return it to the Discharge Review Board of the Military Department in which you served at the address listed at the top of this letter. Check only one: [ ] I request a new review of my case on a priority basis. I am requesting this priority review rather than requesting correction of the decisional document previously issued to me. I have enclosed DD Form 293 as an application for my new review. [ ] I request correction of the decisional document previously issued to me. I understand that this does not entitle me to priority action in correcting my decisional document. I also understand that I will be able to obtain a further review of my case upon my request after receiving the corrected decisional document, but that such a review will not be held on a priority basis. Dates Signatures Printed Name and Address [47 FR 37785, Aug. 26, 1982, as amended at 48 FR 9856, Mar. 9, 1983] § 70.11 DoD semiannual report. (a) Semiannual reports will be submitted by the 20th of April and October for the preceding 6-month reporting period (October 1 through March 31 and April 1 through September 30). (b) The reporting period will be inclusive from the first through the last days of each reporting period. (c) The report will contain four parts: (1) Part 1. (2) Part 2. (3) Part 3. (4) Part 4. Semiannual DRB Report—RCS DD-M(SA) 1489; Summary of Statistics for Discharge Review Board (FY ) [Sample format] Name of board Nonpersonal appearance Personal appearance Total Applied Number approved Percent approved Applied Number approved Percent approved Applied Number approved Percent Note: Identify numbers separately for traveling panels, regional panels, or hearing examiners, as appropriate. Use of additional footnotes to clarify or amplify the statistics being reported is encouraged.