[Code of Federal Regulations]

[Title 32, Volume 1]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 32CFR70.3]



[Page 397-398]

 

                       TITLE 32--NATIONAL DEFENSE

 

              CHAPTER I--OFFICE OF THE SECRETARY OF DEFENSE

 

PART 70_DISCHARGE REVIEW BOARD (DRB) PROCEDURES AND STANDARDS--Table 

of Contents

 

Sec.  70.3  Definitions.



    (a) Applicant. A former member of the Armed Forces who has been 

discharged or dismissed administratively in accordance with Military 

Department regulations or by sentence of a court-martial (other than a 

general court-martial) and under statutory regulatory provisions whose 

application is accepted by the DRB concerned or whose case is heard on 

the DRB's own motion. If the former member is deceased or incompetent, 

the term ``applicant'' includes the surviving spouse, next-of-kin, or 

legal representative who is acting on behalf of the former member. When 

the term ``applicant'' is used in Sec. Sec.  70.8 through 70.10, it 

includes the applicant's counsel or representative, except that the 

counsel or representative may not submit an application for review, 

waive the applicant's right to be present at a hearing, or terminate a 

review without providing the DRB an appropriate power of attorney or 

other written consent of the applicant.

    (b) Complainant. A former member of the Armed Forces (or the former 

member's counsel) who submits a complaint under Sec.  70.10 with respect 

to the decisional document issued in the former member's own case; or a 

former member of the Armed Forces (or the former member's counsel) who 

submits a complaint under Sec.  70.10 stating that correction of the 

decisional document will assist the former member in preparing for an 

administrative or judicial proceeding in which the former member's own 

discharge will be at issue.

    (c) Counsel or Representative. An individual or agency designated by 

the applicant who agrees to represent the applicant in a case before the 

DRB. It includes, but is not limited to: a lawyer who is a member of the 

bar of a Federal court or of the highest court of a State; an accredited 

representative designated by an organization recognized by the 

Administrator of Veterans Affairs; a representative from a State agency 

concerned with veterans affairs; and representatives from private 

organizations or local government agencies.

    (d) Discharge. A general term used in this Directive that includes 

dismissal and separation or release from active or inactive military 

status, and actions that accomplish a complete severance of all military 

status. This term also includes the assignment of a reason for such 

discharge and characterization of service (32 CFR part 41).

    (e) Discharge Review. The process by which the reason for 

separation, the procedures followed in accomplishing separation, and the 

characterization of



[[Page 398]]



service are evaluated. This includes determinations made under the 

provisions of 38 U.S.C. 3103(e)(2).

    (f) Discharge Review Board (DRB). An administrative board 

constituted by the Secretary of the Military Department concerned and 

vested with discretionary authority to review discharges and dismissals 

under the provisions of 10 U.S.C. 1553. It may be configured as one main 

element or two or more elements as designated by the Secretary 

concerned.

    (g) DRB Panel. An element of a DRB, consisting of five members, 

authorized by the Secretary concerned to review discharges and 

dismissals.

    (h) DRB Traveling or Regional Panel. A DRB panel that conducts 

discharge reviews in a location outside the National Capital Region 

(NCR).

    (i) Hearing. A review involving an appearance before the DRB by the 

applicant or on the applicant's behalf by a counsel or representative.

    (j) Hearing Examination. The process by which a designated officer 

of a DRB prepares a presentation for consideration by a DRB in 

accordance with regulations prescribed by the Secretary concerned.

    (k) National Capital Region (NCR). The District of Columbia; Prince 

Georges and Montgomery Counties in Maryland; Arlington, Fairfax, 

Loudoun, and Prince William Counties in Virginia; and all cities and 

towns included within the outer boundaries of the foregoing counties.

    (l) President, DRB. A person designated by the Secretary concerned 

and responsible for the supervision of the discharge review function and 

other duties as assigned.