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This interim final rule will implement the requirements of the National Defense Authorization Act for Fiscal Year 2020 and section 1553a of Title 10, United States Code, permitting Service members (or their authorized representatives) an opportunity to request a Department of Defense final review for an upgrade in the characterization of a discharge or dismissal. Service members whose request for an upgrade to the characterization of a discharge or dismissal was not granted are eligible to petition for a final review after fully exhausting their administrative remedies at their respective Military Department’s (including the Coast Guard at all times, including when it is a Service in the Department of Homeland Security by agreement with that Department) Discharge Review Board (DRB) and Board for Correction of Military / Naval Records (BCM/NR). The rule establishes the Discharge Appeal Review Board (DARB), provides the procedures for requesting a final review and the standards that the DARB will apply when considering a petitioner’s request, and the procedures the Military Departments will follow after the DARB adjudicates the request. This final review will provide Service members a thorough and fair review process that will allow for appropriate corrections to their military records. It will also ensure that the Military Department Review Boards (DRBs and BCM/NRs) apply uniform standards of review of a Service member’s request for an upgrade in the characterization of a discharge or dismissal.

Overall Description of Deadline: Process and procedures must be implemented on January 1, 2021, a year after the National Defense Authorization Act of fiscal year 2020.