Section 1 Short title
This Act may be cited as the “Discharge Review Board Accountability Act of 2023”.
Discharge Review Board Accountability Act of 2023
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.
Sec. 2 Study on discharge review board compliance with liberal consideration requirement
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.
Elements— The study required under subsection (a) shall include the following elements:
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.
An assessment of the implementation of the guidance outlined in the Kurta memorandum by discharge review boards.
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.
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.
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.
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.
Recommendations for reforms that could enable discharge review boards to better implement liberal consideration.
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.
Definitions— In this section:
Appropriate congressional committees— The term appropriate congressional committees means—
the Committee on Armed Services and the Committee on Veterans' Affairs of the Senate; and
the Committee on Armed Services and the Committee on Veterans' Affairs of the House of Representatives.
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”.
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”.