Court-Martial Trial Practice Blog
Let’s begin with 10 U.S.C. § 1553a.
(a)Establishment.—
The Secretary of Defense shall establish a process by which to conduct a final review of a request for an upgrade in the characterization of a discharge or dismissal.
(c)Definitions.—In this section:
(1)The term “final review of a request for an upgrade in the characterization of a discharge or dismissal” means a request by a petitioner for an upgrade to the characterization of a discharge or dismissal—
(A)that was not granted under sections 1552 and 1553 of this title; and
(B)regarding which the Secretary of Defense determines the petitioner has exhausted all remedies available to the petitioner under sections 1552 and 1553 of this title.
NOTE that this only applies to those discharged after December 20, 2021.
A DoD Primer is here.
The purpose is to address the potential for “unintended disparity”” in the individualized decisions of each Service discharge review board.