[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1975 Introduced in Senate (IS)]

<DOC>






118th CONGRESS
  1st Session
                                S. 1975

  To require a GAO study on the compliance of discharge review boards 
      with statutory provisions and directives related to liberal 
      consideration of certain conditions, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 14, 2023

    Mr. Peters (for himself, Mr. Rounds, Mr. King, and Mr. Tillis) 
introduced the following bill; which was read twice and referred to the 
                     Committee on Veterans' Affairs

_______________________________________________________________________

                                 A BILL


 
  To require a GAO study on the compliance of discharge review boards 
      with statutory provisions and directives related to liberal 
      consideration of certain conditions, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Discharge Review Board 
Accountability Act of 2023''.

SEC. 2. STUDY ON DISCHARGE REVIEW BOARD COMPLIANCE WITH LIBERAL 
              CONSIDERATION REQUIREMENT.

    (a) In General.--The Comptroller General of the United States shall 
conduct a study on the implementation by discharge review boards 
established under section 1553 of title 10, United States Code, of the 
concept of liberal consideration as required under subsection (d)(3) of 
such section and under the Kurta memorandum.
    (b) Elements.--The study required under subsection (a) shall 
include the following elements:
            (1) An assessment of the implementation of the requirements 
        of section 1553(d)(3) of title 10, United States Code, by 
        discharge review boards, and how the Department of Defense 
        ensures compliance with the requirements.
            (2) An assessment of the implementation of the guidance 
        outlined in the Kurta memorandum by discharge review boards.
            (3) An assessment of the availability of data on cases 
        considered pursuant to section 1553 of title 10, United States 
        Code, where the decision explicitly references liberal 
        consideration, the Hagel memorandum, or the Kurta memorandum.
            (4) An assessment of the availability of data on cases 
        considered pursuant to section 1553 of title 10, United States 
        Code, where the decision explicitly references the four-part 
        framework outlined in the Kurta memorandum.
            (5) An analysis of how the Department of Defense ensures 
        liberal consideration, as defined in the Kurta memorandum, is 
        actually being employed in cases considered pursuant to section 
        1553 of title 10, United States Code.
            (6) A description of any barriers, whether or not 
        referenced explicitly in discharge review board decisions, that 
        may prevent discharge review boards from employing liberal 
        consideration.
            (7) Recommendations for reforms that could enable discharge 
        review boards to better implement liberal consideration.
    (c) Results.--Not later than 180 days after the date of the 
enactment of this Act, the Comptroller General shall brief the 
appropriate congressional committees on any preliminary findings of the 
study, with a report to follow at a mutually agreed upon date.
    (d) Definitions.--In this section:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Armed Services and the 
                Committee on Veterans' Affairs of the Senate; and
                    (B) the Committee on Armed Services and the 
                Committee on Veterans' Affairs of the House of 
                Representatives.
            (2) Hagel memorandum.--The term ``Hagel memorandum'' means 
        the September 3, 2014, memorandum from the Secretary of Defense 
        to the Secretaries of the military departments entitled, 
        ``Supplemental Guidance to Military Boards for Correction of 
        Military/Naval Records Considering Discharge Upgrade Requests 
        by Veterans Claiming Post Traumatic Stress Disorder''.
            (3) Kurta memorandum.--The term ``Kurta memorandum'' means 
        the August 25, 2017, memorandum from the Office of the Under 
        Secretary of Defense for Personnel and Readiness to the 
        Secretaries of the military departments entitled, ``Clarifying 
        Guidance to Military Discharge Review Boards and Boards for 
        Correction of Military/Naval Records Considering Requests by 
        Veterans for Modification of their Discharge Due to Mental 
        Health Conditions, Sexual Assault, or Sexual Harassment''.
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