Army Discharge Review Board

Transcription

1 Army Regulation Boards, Commissions, and Committees Army Discharge Review Board Headquarters Department of the Army Washington, DC 20 March 1998 UNCLASSIFIED

2 SUMMARY of CHANGE AR Army Discharge Review Board This change 1-- o Issues the current address of the Army Discharge Review Board. o Removes the Secretary Recorder Branch. o Adds to the responsibilities of the Secretary Recorder. o Removes reference to an administrative specialist and to special standards.

3 Headquarters Department of the Army Washington, DC 20 March 1998 *Army Regulation Effective 20 April 1998 Boards, Commissions, and Committees Army Discharge Review Board H i s t o r y. A r m y R e g u l a t i o n w a s revised on 15 October This printing publishes Change 1. This publication has b e e n r e o r g a n i z e d t o m a k e i t c o m p a t i b l e w i t h t h e A r m y e l e c t r o n i c p u b l i s h i n g database. No content has been changed. Summary. This regulation governs the actions and composition of the Army Discharge Review Board (ADRB) under Public Law ; Title 10, United States Code (USC) Section 1553; and Departm e n t o f D e f e n s e ( D O D ) D i r e c t i v e I t g o v e r n s a p p l i c a t i o n s a n d ADRB motions for discharge review, public inspection, copying, and distribution of A D R B d o c u m e n t s t h r o u g h t h e A r m e d F o r c e s D i s c h a r g e R e v i e w / C o r r e c t i o n B o a r d R e a d i n g R o o m ; p r e p a r i n g decisional documents and index entries; a n d p r o c e s s i n g c o m p l a i n t s r e g a r d i n g them. Applicability. This regulation applies to the Active Army and the US Army Reserve. It also applies to former members o f t h e A r m y N a t i o n a l G u a r d ( A R N G ) concurrently discharged from the ARNG and Reserve of the Army. Proponent and exception authority. The proponent of this regulation is the Assistant Secretary of the Army for Manpower and Reserve Affairs. The propon e n t h a s t h e a u t h o r i t y t o a p p r o v e exceptions to this regulation that are consistent with controlling law and regulat i o n. P r o p o n e n t s m a y d e l e g a t e t h i s approval authority, in writing, to a division chief in the proponent agency in the grade of colonel or the civilian equivalent. Army management control process. This regulation does not contain management control provisions. S u p p l e m e n t a t i o n. S u p p l e m e n t a t i o n o f this regulation and establishment of command and local forms are prohibited witho u t p r i o r a p p r o v a l f r o m t h e E x e c u t i v e Secretary, Army Discharge Review Board ( S F M R R B D ), J e f f e r s o n D a v i s Highway, Arlington, VA I n t e r i m c h a n g e s. I n t e r i m c h a n g e s t o this regulation are not official unless they are authenticated by The Adjutant General. Users will destroy interim changes on their expiration dates unless sooner superseded or rescinded. Suggested Improvements. Users are invited to send comments and suggested improvements on DA Form 2028 (Recomm e n d e d C h a n g e s t o P u b l i c a t i o n s a n d B l a n k F o r m s ) t o E x e c u t i v e S e c r e t a r y, A r m y D i s c h a r g e R e v i e w B o a r d ( S F M R R B D ), J e f f e r s o n D a v i s Highway, Arlington, VA Distribution. Distribution of this publication is made in accordance with initial d i s t r i b u t i o n n u m b e r ( I D N ) , i n - tended for command levels D and E for Active Army, Army National Guard of the U.S., and U.S. Army Reserve. Contents (Listed by paragraph and page number) Purpose 1, page 1 Explanation of terms 2, page 1 Composition and responsibilities 3, page 1 (Rescinded) 4, page 1 Appendixes A. References, page 2 B. Department of Defense Directive ; Discharge Review Board Procedures and Standards, page 3 *This regulation supersedes AR , 15 November AR March 1998 UNCLASSIFIED i

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5 1. Purpose This regulation implements 10 USC 1553, Public Law , and DOD Directive (app A). 2. Explanation of terms a. Legal consultant of the Army Discharge Review Board (ADRB). An officer of The Judge Advocate General s Corps assigned to the ADRB to provide opinions and guidance on legal matters relating to ADRB functions. b. Medical consultant of the ADRB. An officer of the Army Medical Corps assigned to the ADRB to provide opinions and guidance on medical matters relating to ADRB functions. c. Video tape hearing. A hearing conducted by an ADRB hearing examiner at which an applicant is given the opportunity to present his/her appeal to the hearing examiner, with the entire presentation, including cross examination by the hearing examiner, recorded on video tape. This video tape presentation is later displayed to a full ADRB panel. Video tape hearings will be conducted only with the consent of the applicant and with the concurrence of the President of the ADRB. 3. Composition and responsibilities a. Authority. The ADRB is established under Public Law and 10 USC 1553 and is responsible for the implementation of the Discharge Review Board (DRB) procedures and standards within DA. b. The ADRB president. The president is designated by the Secretary of the Army (SA). The President (1) Is responsible for the operation of the ADRB. (2) Prescribes the operating procedures of the ADRB. (3) Designates officers to sit on panels. (4) Schedules panels to hear discharge review appeals. (5) Monitors the DOD directed responsibilities of the SA on service discharge review matters for the DOD. c. ADRB panels and members. The ADRB will have one or more panels. Each panel, when in deliberation, will consist of five officers. The senior officer (or as designated by the president of the ADRB) will act as the presiding officer. A panel member will administer oaths to applicants and witnesses under article 136, United States Code of Military Justice (UCMJ). d. Chief, Recorder Branch. The Chief (1) Ensures the efficient overall operation and support of the ADRB panels. (2) Authenticates the case report and directives of cases heard. (3) Schedules, coordinates, and arranges for panel hearinas at a desianated site. (4) Ensures that the proceedings of the cases heard are recorded into the case report and directive of cases. e. (Rescinded). f. (Rescinded). g. Administrative personnel. Such administrative personnel as are required for the proper functions of the ADRB and its panels will be furnished by the SA. 4. (Rescinded) Paragraph 4 is rescinded. AR March

6 Appendix A References Section I Required Publications This section contains no entries. Section II Related Publications This section contains no entries. Section III Prescribed Forms This section contains no entries. Section IV Referenced Forms This section contains no entries. 2 AR March 1998

7 Appendix B Department of Defense Directive ; Discharge Review Board Procedures and Standards B 1. Department of Defense Directive Discharge Review Board Procedures and Standards Figure B 1. Department of Defense Directive ; Discharge Review Board Procedures and Standards AR March

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