Boards, Commissions, and Committees

20 March 1998 AR 15-180

Headquarters / Army Regulation 15-180
Department of the Army /

Change 1

Washington, DC
20 March 1998 / Effective 20 April 1998

Boards, Commissions, and Committees

Army Discharge Review Board

History. Army Regulation 15-180 was revised on 15 October 1994. This printing publishes Change 1.

Summary. This change issues the current address of the Army Discharge Review Board, removes the Secretary Recorder Branch, adds to the responsibilities of the Secretary Recorder, and removes reference to an administrative specialist and to special standards.

Proponent and exception authority. The proponent of this regulation is the Assistant Secretary of the Army for Manpower and Reserve Affairs. The proponent has the authority to approve exceptions to this regulation that are consistent with controlling law and regulation. Proponents may delegate this approval authority in writing to a division chief in the proponent agency in the grade of colonel or the civilian equivalent.

Suggested improvements. Users are invited to send comments and suggested improvements on DA Form 2028 (Recommended Changes to Publications and Blank Forms) to Executive Secretary, Army Discharge Review Boards (SFMRRBD) 1941 Jefferson Davis Highway, Arlington, VA 222024508.

1. AR 15-180, 15 October 1984 is changed as follows:

Page 1. The paragraphs titled “Impact on New Manning System,” “Supplementation,” “Interim changes,” and “Suggested improvements” are superseded as follows:

Proponent and exception authority. The proponent of this regulation is the Assistant Secretary of the Army for Manpower and Reserve Affairs. The proponent has the authority to approve exceptions to this regulation that are consistent with controlling law and regulation. Proponents may delegate this approval authority in writing to a division chief in the proponent agency in the grade of colonel or the civilian equivalent.

Army management control process. This regulation does not contain management control provisions.

20 March 1998 AR 15-180

Supplementation. Supplementation of this regulation and establishment of command and local forms is prohibited without prior approval from the Executive Secretary, Army Discharge Review Board (SFMRRBD), 1941 Jefferson Davis Highway, Arlington, VA 222024508.

Page 1. Paragraph 3c is superseded as follows:

c. ADRB panels and members. The ADRB will have one or more panels. Each panel, when in deliberation, will consist of five officers. The senior officer (or as designated by the president of the ADRB) will act as the presiding officer. A panel member will administer oaths to applicants and witnesses under article 136 United States Code of Military Justice (UCMJ).

Page 1. Paragraph 3d is superseded as follows:

d. Chief, Recorder Branch. The Chief-

(I) Ensures the efficient overall operation and support of the ADRB Panels.

(2) Authenticates the case report and directives of cases heard.

(3) Schedules, coordinates, and arranges for panel hearings at a designated site.

(4) Ensures that the proceedings of the cases heard are recorded into the case report and directives of cases.

Page 1. Paragraph 3e is rescinded. The responsibilities have been incorporated into paragraph 3d.

Pages I and 2. Paragraph 3f is rescinded.

Page 2. Paragraph 4 is rescinded. Army Discharge Review Board matters have a 15-year statute of limitations; individuals who were affected by this paragraph are no longer eligible to apply for relief.

2. Post these changes per DA Pam 2540.

3. File this change in front of the publication.

[SFMRRBD]

20 March 1998 AR 15-180

/s/

Robert M. Walker

Acting Secretary of the Army

Distribution. Distribution of this publication is made in accordance with initial distribution number (IDN) 093137, intended for command levels D and E for Active Army, Army National Guard of the U.S., and U.S. Army Reserve.

15 October 1984 AR 15-180

Headquarters / *Army Regulation 15-180
Department of the Army
Washington, DC
15 October 1984 / Effective 15 November 1984

Boards, Commissions, and Committees

Army Discharge Review Board

Summary. This regulation governs the actions and composition of the Army Discharge Review Board (ADRB) under Public Law 95 126; Title 10, United States Code (USC) Section 1553; and Department of Defense (DOD) Directive 1332.28. It governs applications and ADRB motions for discharge review, public inspection, copying, and distribution of ADRB documents through the Armed Forces Discharge Review/Correction Board Reading Room; preparing decisional documents and index entries; and processing complaints regarding them.

Applicability. This regulation applies to the Active Army and the US Army Reserve. It also applies to former members of the Army National Guard (ARNG) concurrently discharged from the ARNG and Reserve of the Army.

Impact on New Manning System. This regulation does not contain information that affects the New Manning System.

Supplementation. Supplementation of this regulation is prohibited without prior approval from the Director, Military Review Boards Agency, Deputy Assistant Secretary of the Army (M&RA), WASHDC20310 1801.

Interim changes. Interim changes to this regulation are not official unless they are authenticated by The Adjutant General. Users will destroy interim changes on their expiration dates unless sooner superseded or rescinded.

Suggested improvements. The proponent agency of this regulation is the Office of the Secretary of the Army. Users are invited to send comments and suggested improvements on DA Form 2028 (Recommended Changes to Publications and Blank Forms) directly to Director, Army Council of Review Boards, OSA, WASH DC 203101810.

15 October 1984 AR 15-180

1. Purpose

This regulation implements 10 USC 1553, Public Law 95-126, and DOD Directive 1332.28 (app A).

2. Explanation of terms

a. Legal consultant of the Army Discharge Review Board (ADRB). An officer of The Judge Advocate General's Corps assigned to the ADRB to provide opinions and guidance on legal matters relating to ADRB functions.

b. Medical consultant of the ADRB. An officer of the Army Medical Corps assigned to the ADRB to provide opinions and guidance on medical matters relating to ADRB functions.

c. Video tape hearing. A hearing conducted by an ADRB hearing examiner at which an applicant is given the opportunity to present his/her appeal to the hearing examiner, with the entire presentation, including cross-examination by the hearing examiner, recorded on video tape. This video tape presentation is later displayed to a full ADRB panel. Video tape hearings will be conducted only with the consent of the applicant and with the concurrence of the President of the ADRB.

3. Composition and responsibilities

a. Authority. The ADRB is established under Public Law 95126 and 10 USC 1553 and is responsible for the implementation of the Discharge Review Board (DRB) procedures and standards within DA.

b. The ADRB president. The president is designated by the Secretary of the Army (SA). The President-

(1) Is responsible for the operation of the ADRB.

(2) Prescribes the operating procedures of the ADRB.

(3) Designates officers to sit on panels.

(4) Schedules panels to hear discharge review appeals.

(5) Monitors the DOD directed responsibilities of the SA on service discharge review matters for the DOD.

d. Secretary Recorder (SR) Branch. The Chief, SR-

(I) Ensures the efficient overall operation and support of the ADRB panels.

15 October 1984 AR 15-180

(2) Authenticates the case report and directives of cases heard.

e. Secretary Recorder. The SR is an officer assigned to the SR Branch whose duties are to-

(I) Schedule, coordinate, and arrange for panel hearings at a designated site.

(2) Administer oaths to applicants and witnesses under Article 136 UCMJ.

(3) Ensure that the proceedings of the cases heard are recorded into the case report and directive of cases.

f. Administrative Specialist. An Administrative Specialist is an enlisted member assigned to the SR Branch whose duties are to-

(I) Assist the SR in arranging panel hearings.

(2) Operate and maintain video and voice recording equipment.

(3) Aid the SR in the administrative operations of the panels.

g. Administrative personnel. Such administrative personnel as are required for the proper functions of the ADRB and its panels will be furnished by the SA.

4. Special standards

a. Under the November 27, 1979, order of the United States District Court for the District of Columbia in ''Giles v. Secretary of the Army" (Civil Action No. 770904), a former Army service member is entitled to an honorable discharge if a less than honorable discharge was issued to the service member who was discharged before 1January 1975 as a result of an administrative proceeding in which the Army introduced evidence developed by or as a direct or indirect result of compelled urinalysis testing administered for the purpose of identifying drug abusers (either for the purposes of entry into a treatment program or to monitor progress through rehabilitation or follow up).

b. Applicants who believe that they fall within the scope of a above should place the word CATEGORY "G" in block 7, DD Form 293, (Application for Review of Discharge or Dismissal from the Armed Forces of the United States). Such applications will be reviewed expeditiously by a designated official who will either send the individual an honorable discharge certificate if the individual falls within the scope of a above or forward the application to the ADRB if the individual does not fall within the scope of a above. The action of the designated official will not constitute an action or decision by the ADRB.