32 C.F.R. § 865.8

Miscellaneous provisions

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(a) At the request of the Board, all Air Force activities and officials will furnish the Board with:

(1) All available military records pertinent to an application.

(2) An advisory opinion concerning an application. The advisory opinion will include an analysis of the facts of the case and of the applicant's contentions, a statement of whether or not the requested relief can be done administratively, and a recommendation on the timeliness and merit of the request. Regardless of the recommendation, the advisory opinion will include instructions on specific corrective action to be taken if the Board grants the application.

(b) Access to records. Applicants will have access to all records considered by the Board, except those classified or privileged. To the extent practicable, applicants will be provided unclassified or nonprivileged summaries or extracts of such records considered by the Board.

(c) Payment of expenses. The Air Force has no authority to pay expenses of any kind incurred by or on behalf of an applicant in connection with a correction of military records under 10 U.S.C. 1034 or 1552.

(d) Form adopted: DD Form 149.

Notes of Decisions

Cited in 2 cases (1 in the last 5 years), 1975–2026 · leading case: Joseph P. Rolles v. Civil Serv. Comm'n, 512 F.2d 1319 (D.C. Cir. 1975).

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Joseph P. Rolles v. Civil Serv. Comm'n, 512 F.2d 1319 (D.C. Cir. 1975). “See 32 C.F.R. § 865.8 . Finally, Rolles was entitled to seek judicial review of any unfavorable final decision of the Board or the Secretary of the Air Force.”

Gersten v. United States (Fed. Cir. 2026). “4 (b), and “access to all records considered by the Board, except those classified or privileged,” 32 C.F.R. § 865.8 (b). As there is no evidence that the Secretary’s decision was classified or privileged, it ap- pears that the Board should have provided it to Mr.”

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