H.R.14828 - A bill to require that discharge certificates issued to members of the Armed Forces not indicate the conditions or reasons for discharge, to limit the separation of enlisted members under conditions other than honorable, and to improve the procedures for the review of discharges and dismissals.93rd Congress (1973-1974)
|Sponsor:||Rep. Stokes, Louis [D-OH-21] (Introduced 05/15/1974)|
|Committees:||House - Armed Services|
|Latest Action:||House - 05/15/1974 Referred to House Committee on Armed Services. (All Actions)|
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Summary: H.R.14828 — 93rd Congress (1973-1974)All Information (Except Text)
Introduced in House (05/15/1974)
Requires the Secretary of Defense to take such action as is necessary to insure that any member of the Armed Forces who is discharged shall receive a discharge certificate which shall indicate that such member was so discharged and which shall not bear any indication of the conditions under which such separation occured. States that the reason why such member was so separated (other than by reason of discharged dismissal pursuant to a sentence of a general or special court-martial) and all other records or documents pertaining to such reason or reasons shall be treated as confidential and shall not be made known to or otherwise released to any private person or any public agency (whether Federal, State, or local) without the prior written consent of the member concerned.
Sets forth the conditions under which an enlisted member of the Armed Forces may be discharged under other than honorable conditions.
Establishes procedures for military review panels in considering the dishonorable discharge of enlisted personnel.
Requires military review panels to conduct hearings which afford the enlisted member concerned an opportunity to: (1) appear before the panel and present evidence in his own behalf; (2) be represented by counsel; (3) confront the witnesses against him; and (4) examine documentary and real evidence against him.
States that the recommendation of a review panel appointed under the provisions of this Act for separation under other than honorable conditions may be appealed to an appeal board established by the Judge Advocate General concerned, or the General Counsel of the Department of Transportation, as appropriate.
Authorizes the Secretaries concerned to prescribe regulations to carry out the provisions of this Act.
Requires the Secretaries concerned, after consultation with the Administrator of Veterans' Affairs, to establish a number (but not less than ten) of regional boards of review throughout the United States.
States that the function of the regional boards shall be to review the discharge or dismissal (other than a discharge or dismissal by a general or special court-martial) of any former member of an Armed Forces under the jurisdiction of the military department concerned.
Provides that if a request for the review of a discharge or dismissal of any person who was discharged or dismissed from the Armed Forces within the fifteen-year period immediately preceding the effective date of this Act was filed before such effective date and such review resulted in no change to the discharge or dismissal, or no new discharge was issued, another request for review of that discharge or dismissal pursuant to this Act may be filed and such review shall be acted upon without prejudice, if such request for review is filed with the appropriate regional board of review within the one-year period immediately following such effective date.