32 C.F.R. § 581.2

Army Discharge Review Board

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(a) Purpose. This regulation implements 10 U.S.C. 1553, Pub. L. 95-126, and DOD Directive 1332.28 (app. A).

(b) Explanation of terms—(1) 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.

(2) 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.

(3) 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.

(c) Composition and responsibilities—(1) Authority. The ADRB is established under Pub. L. 95-126 and 10 U.S.C. 1553 and is responsible for the implementation of the Discharge Review Board (DRB) procedures and standards within DA.

(2) The ADRB president. The president is designated by the Secretary of the Army (SA). The President—

(i) Is responsible for the operation of the ADRB.

(ii) Prescribes the operating procedures of the ADRB.

(iii) Designates officers to sit on panels.

(iv) Schedules panels to hear discharge review appeals.

(v) Monitors the DOD directed responsibilities of the SA on service discharge review matters for the DOD.

(3) 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 ADRB) will act as the presiding officer.

(4) Secretary Recorder (SR) Branch. The Chief, SR—

(i) Ensures the efficient overall operation and support of the ADRB panels.

(ii) Authenticates the case report and directives of cases heard.

(5) Secretary Recorder. The SR is an officer assigned to the SR Branch whose duties are to—

(i) Schedule, coordinate, and arrange for panel hearings at a designated site.

(ii) Administer oaths to applicants and witnesses under Article 136 UCMJ.

(iii) Ensure that the proceedings of the cases heard and recorded into the case report and directive of cases.

(6) Administrative Specialist. An Administrative Specialist is an enlisted member assigned to the SR Branch whose duties are to—

(i) Assist the SR in arranging panel hearings.

(ii) Operate and maintain video and voice recording equipment.

(iii) Aid the SR in the administrative operations of the panels.

(7) Administrative personnel. Such administrative personnel as are required for the proper functions of the ADRB and its panels will be furnished by the SA.

(d) Special standards. (1) Under the November 27, 1979, order of the United States District Court for the District of Columbia in “Giles v. Secretary of the Army” (Civil Action No. 77-0904), a former Army service member is entitled to an honorable discharge if a less than honorable discharge was issued to the service member who was discharged before 1 January 1975 as a result of an administrative proceeding in which the Army introduced evidence developed by or as a direct or indirect result of compelled urinalysis testing administered for the purpose of identifying drug abusers (either for the purpose of entry into a treatment program or to monitor progress through rehabilitation or follow up).

(2) Applicants who believe they fall within the scope of paragraph (d)(1) of this section should place the work CATEGORY “G” in block 7, DD Form 293, (Application for Review of Discharge or Dismissal from the Armed Forces of the United States). Such applications will be reviewed expeditiously by a designated official who will either send the individual an honorable discharge certificate if the individual falls within the scope of paragraph (d)(1) of this section or forward the application to the ADRB if the individual does not fall within the scope of paragraph (d)(1) of this section. The action of the designated official will not constitute an action or decision by the ADRB.

[50 FR 33035, Aug. 16, 1985]

Notes of Decisions

Cited in 11 cases (1 in the last 5 years), 1973–2026 · leading case: Strang v. Marsh, 602 F. Supp. 1565 (D.R.I. 1985).

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Strang v. Marsh, 602 F. Supp. 1565 (D.R.I. 1985). · cites it 4× “32 C.F.R. § 581.2 , Appendix B, § 4(k) (1983).”

Hodges v. Callaway, 499 F.2d 417 (5th Cir. 1974). · cites it 3× “Established pursuant to 10 U.S.C. 1552 (1970) and 32 C.”

Colon v. United States, 71 Fed. Cl. 473 (Fed. Cl. 2006). “§ 1553 (a); see 32 C.F.R. § 581.2 . . The decision by Board of Veterans’ Appeals states that it previously had denied a claim for PTSD by Mr.”

Hodges v. Callaway, 499 F.2d 417 (5th Cir. 1974). · cites it 3× “” 32 C.F.R. § 581.2 (a)(1) (1973). Established pursuant to 10 U.”

James B. Smith v. John O. Marsh, Jr., Sec'y of the Army, 787 F.2d 510 (10th Cir. 1986). “Its procedures and rules are published at 32 C.F.R. § 581.2 (1985). 2 . The Army Board for Correction of Military Records (ABCMR) is an administrative body composed of civilians and is established pursuant to 10 U.”

Watkins v. United States Army, 541 F. Supp. 249 (W.D. Wash. 1982). “§ 1553 and 32 C.F.R. § 581.2 , which reviews only the type of discharge given a servicemember, the ABCMR may review the fact of discharge.”

Gay v. United States, 116 Fed. Cl. 22 (Fed. Cl. 2014). “Gay applied to the ADRB for a review of his discharge and a correction of his records.”

Martin v. Sec'y of the Army, 455 F. Supp. 634 (D.D.C. 1977). “Since the Review Board has no power to revoke a discharge, 32 C.F.R. § 581.2 (a) (1976), it alone cannot effect complete relief in this case.”

James E. Peppers v. The United States Army & Those Who Hold the Offices of Sec'y of the Army & the Adjutant Gen. of the United States Army, 479 F.2d 79 (4th Cir. 1973). “See 32 C.F.R. § 581.2 (a)(1) (1967). Normally the Discharge Review Board is precluded from considering requests for changes made more than fifteen years after the date of discharge.”

Henson v. United States, 24 Cl. Ct. 786 (Ct. Cl. 1991). “32 C.F.R. § 581.2 (5)(i) provides in full: (5) Access to records, (i) The applicant will be assured access to all official records that are necessary to an adequate presentation of his case consistent with regulations governing privileged or classified material.”

Machado (D.N.H. 2026). “See 32 C.F.R. § 581.2 . In weighing an application for review, Department of Defense regulations require the Board to assess the “[p]ropriety” and “[e]quity” of the servicemember’s discharge, “giv[ing] full, fair, and impartial considerations to all applicable factors.”

— 32 C.F.R. § 581.2(a)(1) — 1 case

Hodges v. Callaway, 499 F.2d 417 (5th Cir. 1974). “Established pursuant to 10 U.S.C. 1552 (1970) and 32 C.”

— 32 C.F.R. § 581.2(a)(3) — 1 case

Hodges v. Callaway, 499 F.2d 417 (5th Cir. 1974). “Established pursuant to 10 U.S.C. 1552 (1970) and 32 C.”

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