https://armypubs.army.mil/epubs/DR_pubs/DR_a/ARN32607-AR_15-180-000-WEB-1.pdf
UNCLASSIFIED
Army Regulation 15–180
Boards, Commissions, and
Committees
Army
Discharge
Review Board
Headquarters
Department of the Army
Washington, DC
21 July 2021
SUMMARY of CHANGE
AR 15– 180
Army Discharge Review Board
This regulation is certified current as of 21 July 2021. Aside from the following administrative changes, no other
changes were made to certify currency of this regulation—
o Updates supplementation information (title page).
o Updates Secretary of the Army responsibilities (para 1– 7).
This major revision dated 25 September 2019—
o Incorporates new legislation requiring medical professionals serving as members of Discharge Review Boards
(para 1– 15).
o Incorporates Section 1177, Title 10, United States Code (paras 1–15d, 3 –1, 3 –2, 3– 3, and 3– 4).
o Updates information regarding the Army Discharge Review Board panel and members (chap 2).
o Incorporates guidance from Army Directive 2014–28, Requests to Upgrade Discharge by Veterans Claiming Post
Traumatic Stress Disorder (chap 3).
o Incorporates guidance from Army Directive 2015– 29, Confidential Reviews of Characterization of Terms of
Discharge of Members of the Army Who Are Victims of Sexual Offenses (chap 4).
o Incorporates Army Directive 2015– 29 (throughout).
*This regulation supersedes AR 15–180, dated 25 September 2019.
AR 15–180 • 21 July 2021
UNCLASSIFIED i
Headquarters
Department of the Army
Washington, DC
*Army Regulation 15–180
21 July 2021 Effective 25 October 2019
Boards, Commissions, and Committees
Army Discharge Review Board
History. This regulation is certified cur-
rent as of 15 July 2021. Aside from the
administrative changes listed in the sum-
mary of change, no other changes were
made to certify currency of this regula-
tion. No content has been changed.
Summary. This regulation governs the
actions and composition of the Army
Dis- charge Review Board under Public
Law 95 – 126; 10 USC 1553; DoDD
1332.41, and DoDI 1332.28. It governs
applications and Army Discharge Re-
view Board motions for discharge re-
view; public inspection, copying, and
distribution of Army Discharge Review
Board documents through the Depart-
ment of Defense Boards Electronic
Reading Room; preparing decisional
documents and index entries; and pro-
cessing complaints regarding them.
Applicability. This regulation applies
to the Regular Army, the Army National
Guard/Army National Guard of the
United States, and the U.S. Army Re-
serve. It also applies to former members
of the Army National Guard/Army Na-
tional Guard of the United States concur-
rently discharged from the Army National
Guard and the U.S. Army Reserve.
Proponent and exception authority.
The proponent of this regulation is the As-
sistant Secretary of the Army (Manpower
and Reserve Affairs). The proponent has
the authority to approve exceptions to this
regulation that are consistent with control-
ling law and regulations. Proponents may
delegate this approval authority, in writ-
ing, to a division chief in the proponent
agency in the grade of colonel or the civil-
ian equivalent.
Army internal control process.
This regulation contains internal control
provisions in accordance with AR 11 –2
and identifies key internal controls that
must be evaluated (see appendix B).
Supplementation. Supplementation
of this regulation and establishment of
command and local forms are prohibited
without prior approval from the Assistant
Secretary of the Army (Manpower and
Reserve Affairs) Military Review Boards
(SAMR– RBB), available at email:
usarmy.pentagon.hqda-
arba.mbx.i@mail.mil/.
Suggested improvements. Users
are invited to send comments and sug-
gested improvements on DA Form 2028
(Recommended Changes to Publications
and Blank Forms) directly to Assistant
Secretary of the Army (Manpower and
Reserve Affairs) Military Review Boards
(SAMR– RBB), 251 18th Street South,
Suite 385, Arlington, Virginia
22202– 3531, army.arbain-
quiry@mail.mil.
Distribution. This publication is avail-
able in electronic media only and is in-
tended for the Regular Army, the Army
National Guard/Army National Guard of
the United States, and the U.S. Army Re-
serve.
Contents (Listed by paragraph and page number)
Chapter 1
Introduction, page 1
Section I
Introduction, page 1
Purpose • 1– 1, page 1
References and forms • 1– 2, page 1
Explanation of abbreviations and terms • 1– 3, page 1
Responsibilities • 1 – 4, page 1
Records management (recordkeeping) requirements • 1 – 5, page 1
Statutory Authority • 1 – 6, page 1
Section II
Responsibilities, page 1
Secretary of the Army • 1 – 7, page 1
Contents—Continued
AR 15–180 • 21 July 2021 ii
Assistant Secretary of the Army (Manpower and Reserve Affairs) • 1 – 8, page 1
The Military Review Boards Director/Army Discharge Review Board Director • 1 – 9, page 2
Army Discharge Review Board members • 1 – 10, page 2
Secretary recorder or designated assistant • 1 – 11, page 2
Presiding officer • 1 – 12, page 2
Case review officer • 1 – 13, page 2
Army Review Boards Agency Legal Advisor • 1 – 14, page 2
Army Review Boards Agency Medical Advisor • 1– 15, page 2
Chapter 2
Army Discharge Review Board, page 3
Section I
Application Process, page 3
Who may apply • 2– 1, page 3
Time limitation • 2 – 2, page 3
Application and evidence • 2 – 3, page 3
Section II
Board Operations, page 3
Board types • 2 – 4, page 3
Board • 2 – 5, page 3
Board consideration • 2 – 6, page 4
Continuance and postponement • 2 – 7, page 4
Board decisional document • 2 – 8, page 4
Appeals options • 2– 9, page 4
Complaints concerning decisional documents • 2– 10, page 5
Public availability of Army Discharge Review Board statistics • 2 – 11, page 5
Chapter 3
Treatment of Claims Asserting Post Traumatic Stress Disorder or Traumatic Brain Injury in Con-
nection with Combat or Military Sexual Trauma as a Basis for Discharge Review; Other Claims
Involving Mental Health Disorders, page 5
Purpose • 3– 1, page 5
Prioritization • 3 – 2, page 5
Consideration • 3 – 3, page 5
Medical consultation • 3 – 4, page 5
Chapter 4
Confidential Review of Requests to Upgrade Discharge Due to Sexual Trauma, page 6
Purpose • 4– 1, page 6
Board consideration • 4 – 2, page 6
Board decisions • 4 – 3, page 6
Appendixes
A. References, page 7
B. Board Application of Department of Defense Clarifying Guidance Regarding Liberal Consideration, Mitigating
Factors, and Clemency for Request to Modify Military Discharges or Military Records, page 9
C. Internal Control Evaluation, page 11
Glossary
AR 15–180 • 21 July 2021 1
Chapter 1
Introduction
Section I
Introduction
1–1. Purpose
This regulation prescribes the policies and procedures under which the Army Discharge Review Board (ADRB) is
authorized to review the character, reason, and authority of a discharge of any Servicemember discharged from active
military service within 15 years of the Servicemember’s date of discharge. This regulation implements Section 1553,
Title 10, United States Code (10 USC 1553); PL 95– 126, Section 1307; DoDI 1332.28; DoDD 1332.41; and Discharge
Review Boards (DRBs).
1–2. References and forms
See appendix A.
1–3. Explanation of abbreviations and terms
See the glossary.
1–4. Responsibilities
Responsibilities are listed in section II.
1–5. Records management (recordkeeping) requirements
The records management requirement for all record numbers, associated forms, and reports required by this regulation
are addressed in the Army Records Retention Schedule-Army (RRS– A). Detailed information for all related record
numbers, forms, and reports are located in Army Records Information Management System (ARIMS)/RRS– A at
https://www.arims.army.mil. If any record numbers, forms, and reports are not current, addressed, and/or published
correctly in ARIMS/RRS– A, see DA Pam 25– 403 for guidance.
1–6. Statutory Authority
10 USC 1553 is the statutory authority of this regulation.
Section II
Responsibilities
1–7. Secretary of the Army
The SECARMY will, in accordance with 10 USC 1553—
a. Serve as the designated Department of Defense (DoD) lead and DoD-wide focal point for administrative matters
regarding DRBs.
b. Comply with all requirements defined in governing DoD policies regarding DRBs.
c. As the senior Army official for the ADRB, direct all ADRB operations through the Assistant Secretary of the
Army (Manpower and Reserve Affairs) (ASA (M&RA)) and the Deputy Assistant Secretary of the Army (Review
Boards) (DASA (RB)).
1–8. Assistant Secretary of the Army (Manpower and Reserve Affairs)
The ASA (M&RA) will—
a. Serve as the policy proponent for the ADRB.
b. Define and implement the DRB procedures and standards within the Department of the Army (DA).
c. Determine when it is appropriate for the ADRB to review a discharge or discharges upon its own motion.
d. On behalf of the ASA (M&RA), the DASA (RB) will—
(1) Serve as the Secretarial Reviewing Authority for any matter reviewed by the ADRB.
(2) Appoint the military review boards (MRB) director, who is also the ADRB director/president, on behalf of the
ASA (M&RA) and the SECARMY.
(3) Appoint, in writing, all members of the board on behalf of the ASA (M&RA) and the SECARMY.
AR 15–180 • 21 July 2021 2
1–9. The Military Review Boards Director/Army Discharge Review Board Director
The MRB Director/ADRB Director will—
a. Serve as the President of the ADRB.
b. Execute and oversee all ADRB board operations.
c. Prescribe operating procedures for the ADRB.
d. Designate presiding officers (POs) to oversee each board.
e. Monitor statutory and DoD-directed responsibilities of the SECARMY on service discharge review matters to
ensure Army compliance.
1–10. Army Discharge Review Board members
The ADRB members will—
a. Under oath or affirmation, consider objectively and carefully each case on its individual merits.
b. Elicit all facts necessary for a full and fair review.
c. Consider all information presented by the applicant; to include available military service and health records, and
other records that may be in the files of the Servicemember concerned and that are relevant to the issues before the
board.
1–11. Secretary recorder or designated assistant
The secretary recorder or designated assistant will—
a. Coordinate and maintain the board calendar, as directed by the ADRB President.
b. Schedule board members, as required by policy and/or directed by the ADRB President.
c. Provide support to the ADRB panels, addressing issues or conflicts to the ADRB President.
1–12. Presiding officer
The PO will—
a. Conduct and oversee discharge review boards, as directed by the ADRB President.
b. Convene, recess, and adjourn the board, as appropriate.
c. Ensure adherence to board procedures.
d. Ensure all cases are properly heard and thoroughly considered.
e. Address issues or conflicts with the ADRB President, as applicable.
f. Serve as a voting panel member.
1–13. Case review officer
The case review officer will—
a. Be responsible for a set number of cases, as designated by the PO for a given board, to review and present to the
board.
b. Serve as a voting panel member.
1–14. Army Review Boards Agency Legal Advisor
The ARBA Legal Advisor will—
a. Provide opinions and guidance on legal matters pertaining to ADRB cases.
b. Provide guidance and clarity regarding 5 USC 552, 5 USC 552a, and ADRB decision documents.
1–15. Army Review Boards Agency Medical Advisor
The ARBA Medical Advisor will—
a. Provide medical review and advisory opinions on ADRB cases, as requested or prescribed.
b. Serve as a medical advisor, and voting member, on all ADRB panels involving medical issues, specifically post-
traumatic stress disorder (PTSD), sexual trauma (ST), traumatic brain injury (TBI), and other behavioral health con-
ditions.
c. Be either an Army Medical Corps officer or civilian medical provider assigned to ARBA.
d. Be a clinical psychologist or psychiatrist, or a physician with special training in mental health issues connected
with PTSD or TBI, or mental health disorders other than those connected with PTSD or TBI.
AR 15–180 • 21 July 2021 3
Chapter 2
Army Discharge Review Board
Section I
Application Process
2–1. Who may apply
a. A former Servicemember of the Regular Army, the U.S. Army Reserve, and the Army National Guard previ-
ously discharged according to Army regulation or by sentence of a court-martial (other than a general court-martial)
whose application is accepted by the board or whose case is heard on the board’s own motion.
b. If the former Servicemember 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.
c. Former Servicemembers may submit a DD Form 293 (Application for the Review of Discharge or Dismissal
from the Armed Forces of the United States) to the ADRB or may apply online through the ARBA website at
https://arba.army.pentagon.mil.
Note. If punitively discharged by a General Court-Martial, a former Servicemember is not eligible to apply to the
ADRB. In such cases, a former Servicememeber may submit a DD Form 149 (Application for Correction of Military
Record Under the Provisions of Title 10, U.S. Code, Section 1552) to the Army Board for Correction of Military
Records (ABCMR).
2–2. Time limitation
There is a 15-year statute of limitations when applying for a discharge review by the ADRB. The ADRB is authorized
to review the character, reason, and authority of a discharge of any Servicemember or former Servicemember if the
motion or request for review is made within 15 years after the date of discharge. If it is more than 15 years since the
Servicemember’s or former Servicemember’s date of discharge, the applicant may apply to the ABCMR for a dis-
charge review.
2–3. Application and evidence
Applicants must submit a DD Form 293 clearly articulating their contention and the basis for the requested change to
the characterization of discharge, along with any supporting evidence or materials, especially the separation packet.
Evidence is any military record or document, witness statement, personal statement, correspondence, or other materi-
als that support the applicant’s contentions of impropriety, inequity, or both as they pertain to the discharge.
Section II
Board Operations
2–4. Board types
a. Record review board is a discharge review conducted in the National Capital Region (NCR) during which the
board members review the application, all available evidence and records submitted by the applicant to substantiate
an applicant’s contention of impropriety, inequity, or both.
b. Personal appearance board is a hearing conducted in the NCR during which the applicant, the applicant’s repre-
sentative, and/or witnesses appear in person to provide information that further supports the applicant’s contention.
c. Travel board personal appearance is a hearing conducted outside the NCR, as authorized by the DASA (RB).
The applicant, the applicant’s representative, and/or witnesses appear in person to provide information that further
supports the applicant’s contention.
Note. Unless otherwise specified by law or regulation, expenses incurred by an applicant, applicant’s representative,
or witness(es) will not be paid by the DA or DoD.
2–5. Board
a. The ADRB consists of one or more boards.
b. When in deliberation, each board consists of five members.
c. The senior ranking Servicemember, or as designated by the ADRB President, serves as the PO.
d. Any appointed board member administers an oath to applicants and witnesses under UCMJ, Art. 136 (10 USC
chapter 47).
AR 15–180 • 21 July 2021 4
e. An applicant is entitled to a records review and a personal appearance board upon request. However, if the
applicant elects and receives a personal appearance board first, the applicant is no longer eligible for a records review.
f. An applicant may withdraw an application, without prejudice, at any time before the scheduled record review or
personal appearance board.
g. If an applicant fails to appear for the personal appearance at the appointed time and location without prior coor-
dination requesting a continuation, postponement, or withdrawal of the review, the board will conduct a record review,
if not previously conducted. If a records review was previously conducted, the case will be closed without board action
and no future appeal to the ADRB.
h. Once an applicant exhausts all ADRB board reviews, the applicant may request ABCMR review by submitting
a DD Form 149 to the ABCMR. All ADRB decision documents should be included in the application package.
2–6. Board consideration
The ADRB reviews discharges on the basis of issues of propriety and equity.
a. An issue of propriety is a matter that involves a determination of whether an error in discharge occurred with
respect to a regulation, statute, constitutional provision, or other source of law (including a matter that requires deter-
mining if the action by military authorities was arbitrary and capricious, or an abuse of discretion), and this error
prejudices the rights of the applicant. It may also involve a change in policy made expressly retroactive to the type of
discharge under consideration that requires a change in the discharge. The application and relevant evidence must set
forth the context of the regulatory issue or a description of the procedures allegedly violated to inform the board
adequately of the basis for the applicant’s position.
b. An issue of equity is a matter involving consideration of whether the policies and procedures under which the
applicant was discharged differ in material respects from current Army standards, provided that—
(1) Current policies or procedures represent a substantial enhancement of the rights afforded a respondent relative
to the discharge proceedings or other relevant proceedings; and
(2) There is substantial doubt that the applicant would have received the same discharge if the current policies and
procedures were in effect at the time of the discharge.
2–7. Continuance and postponement
a. A continuance may be authorized by the President, ADRB or PO concerned provided that the continuance is of
reasonable duration and is essential to achieving a full and fair hearing. When a proposal for continuance is indefinite,
the pending application will be returned to the applicant with the option to resubmit when the case is fully ready for
review.
b. A postponement is normally not permitted other than for demonstrated good and sufficient reason set forth by
the applicant, in a timely manner, or for the convenience of the Government.
2–8. Board decisional document
a. Each applicant receives a written notification of the ADRB’s decision and the decisional document from the
board review. See DoDI 1332.28 for discharge review procedures and requirements pertaining to the decisional doc-
ument.
b. For those cases requiring corrective action, the ADRB will notify the appropriate office.
c. A copy of the decision, decisional document, and the application will be filed (or incorporated) in the Service-
member’s Army Military Human Resource Record (AMHRR), as appropriate.
d. A copy of the decisional document, properly redacted for personally identifying information, will be made
available for public inspection and downloading via the DoD Boards’ Electronic Reading Room at
https://boards.law.af.mil.
2–9. Appeals options
a. Applicants may appeal a decision from a records review by submitting a new DD Form 293 requesting a personal
appearance review.
b. Applicants who received both a records review and personal appearance may apply to the ABCMR for additional
review.
Note. Applications to the ABCMR should include copies of ADRB records review and personal appearance decision
documents.
AR 15–180 • 21 July 2021 5
2–10. Complaints concerning decisional documents
See DoDI 1332.28 for procedures regarding complaints concerning decisional documents by a military discharge
review board.
2–11. Public availability of Army Discharge Review Board statistics
The ARBA will make available to the public, each quarter, on the ARBA website at https://arba.army.pentagon.mil,
the following:
a. The number of motions or requests for review during the previous calendar quarter, including cases in which a
mental health condition (to include PTSD) is alleged to have contributed, whether in whole or part, to the original
characterization of the discharge or dismissal of the applicant.
b. The number of claims submitted during the previous calendar quarter relating to service by an applicant during
a war or contingency operation, catalogued by each war or contingency operation.
c. The number of discharges or dismissals corrected pursuant to the consideration described above to upgrade the
characterization of discharge or dismissal of former members.
Chapter 3
Treatment of Claims Asserting Post Traumatic Stress Disorder or Traumatic Brain Injury
in Connection with Combat or Military Sexual Trauma as a Basis for Discharge Review;
Other Claims Involving Mental Health Disorders
3–1. Purpose
This section implements requirements of 10 USC 1553, as amended by Section 535 of the National Defense Author-
ization Act for Fiscal Year 2017 (Public Law 114 – 328), regarding treatment by Discharge Review Boards of claims
asserting deployment-related PTSD or TBI, or PTSD or TBI related to combat or military sexual assault or sexual
harassment, as a basis for review of discharge.
3–2. Prioritization
a. ARBA prioritizes the review of all applicants whose request for relief is based, in whole or in part, on matters
relating to PTSD, TBI, as supporting rationale or justification for priority consideration. The PTSD or TBI may be
diagnosed as being a consequence of deployment in support of a contingency operation or may otherwise be asserted
by the applicant if related to combat or sexual assault or sexual harassment.
b. When determining the priority of cases, ARBA will carefully weigh the medical and humanitarian circumstances
of all cases and only designate higher priority to cases not involving PTSD, TBI, or sexual assault or sexual harassment
when the case is considered more compelling.
3–3. Consideration
a. In addition to the documentation or evidence as defined in chapter 2 of this regulation, the board will review
medical evidence of the Department of Veterans Affairs or a civilian health care provider that is presented by the
applicant claiming PTSD or TBI.
b. The board will apply liberal consideration when reviewing cases wherein the applicant claims PTSD or TBI
potentially contributed to the circumstances resulting in the discharge of a lesser characterization.
3–4. Medical consultation
a. In the case of an applicant who was a former member of the armed forces who, while serving on active duty as
a member of the armed forces, was deployed in support of a contingency operation and who, at any time after such
deployment, was diagnosed by a physician, clinical psychologist, or psychiatrist as experiencing post traumatic stress
disorder or traumatic brain injury as a consequence of that deployment, 10 USC 1553 requires, as a member of the
board, a clinical psychologist or psychiatrist, or a physician with special training in mental health issues connected
with PTSD or TBI, as applicable. This board member provides expert guidance on clinical manifestations of PTSD,
TBI, and other mental or behavioral health indicators to assist board members in assessing the potentially mitigating
effects of PTSD, TBI, and other mental or behavioral health indicators.
b. In the case of an applicant who was diagnosed while serving in the armed forces as experiencing a mental health
disorder, whether or not deployment-related, a board will include a member who is a clinical psychologist or psychi-
atrist, or a physician with special training on mental health disorders. Mental health disorders include conditions such
as PTSD, TBI, sexual assault, and sexual harassment. It is ARBA policy that in the case of an applicant who was
AR 15–180 • 21 July 2021 6
diagnosed while serving in the armed forces as experiencing sexual assault and/or sexual harassment, whether or not
deployment-related, a board will include a member who is a clinical psychologist or psychiatrist, or a physician with
special training in mental health issues connected with sexual assault and/or sexual harassment.
Chapter 4
Confidential Review of Requests to Upgrade Discharge Due to Sexual Trauma
4–1. Purpose
This chapter implements section 547 of the National Defense Authorization Act for Fiscal Year 2015 (Public Law
113 – 291), which provides a confidential review of the characterization of terms of discharge of a former member of
the Army who was a victim of a sex-related offense (referred to as sexual assault or sexual harassment in this regula-
tion) during the member’s service in the Army.
4–2. Board consideration
In deciding whether to approve or deny a request to modify the terms or characterization of discharge or separation,
the ADRB will—
a. Give due consideration to the psychological and physical aspects of the Servicemember’s experience in connec-
tion with the sexual assault or sexual harassment, and
b. Also determine what bearing such an experience may have had on the circumstances surrounding the Service-
member’s discharge or separation from the Army.
4–3. Board decisions
Documents and decisions concerning requests for review of characterization of discharge or separation by victims of
sexual assault or sexual harassment will—
a. Not be made public, except with the consent of the individual concerned.
b. Not be posted on the Department of Defense Boards’ Electronic Reading Room.
c. Not be released in response to a request under the Freedom of Information Act (FOIA), except with the consent
of the individual concerned. The nonconsensual release of board decisions in these cases would constitute a clearly
unwarranted invasion of personal privacy under FOIA. Furthermore, nonconsensual public release would be in- con-
sistent with congressional intent in PL 113 – 291 to establish a confidential review process for victims of sexual of-
fenses.
d. Be filed in the applicable official military personnel file; the AMHRR.
AR 15–180 • 21 July 2021 7
Appendix A
References
Section I
Required Publications
Unless otherwise indicated, all Army publications are available on the Army Publishing Directorate website at
https://armypubs.army.mil. DoD publications are available on the ESD website at https://www.esd.whs.mil. USCs
are available on the USC website at https://uscode.house.gov.
DoDD 1332.41
Boards for Correction of Military Records (BCMRs) and Discharge Review Boards (DRBs) (Cited on title page.)
DoDI 1332.28
Discharge Review Board (DRB) Procedures and Standards (Cited on title page.)
PL 95– 126, Section 1307, Act of 8 October 1977
An Act to deny entitlement to veterans' benefits to certain persons who would otherwise become so entitled solely by
virtue of the administrative upgrading under temporarily revised standards of other than honorable discharges from
service during the Vietnam era (Cited in para 1– 1.) (Available at https://www.congress.gov.)
PL 113 – 291, Section 547(c)
Preservation of Confidentiality (Cited in para 4–3c.) (Available at https://www.congress.gov.)
PL 114– 328, Section 535
National Defense Authorization Act for Fiscal year 2017: Treatment by discharge review boards of claims asserting
post- traumatic stress disorder or traumatic brain injury in connection with combat or sexual trauma as a basis for
review of discharge (Cited in para 3 –1.) (Available at https://www.congress.gov.)
5 USC 552
Public information; agency rules, opinions, orders, records, and proceedings (also known as the Freedom of Infor-
mation Act) (Cited in para 1–14b.)
5 USC 552a
Records maintained on individuals (also known as the Privacy Act) (Cited in para 1–14b.)
10 USC, Chapter 47
Uniform Code of Military Justice (Cited in para 2–5d.)
10 USC 1552
Correction of military records: claims incident thereto (Cited in para 2–1c.)
10 USC 1553
Review of discharge or dismissal (Cited in title page.)
38 USC 5303
Certain bars to benefits (Cited in glossary.)
Section II
Related Publications
A related publication is a source of additional information. The user does not have to read a related publication to
understand this publication. Unless otherwise indicated, all Army publications are available on the Army Publishing
Directorate website at https://armypubs.army.mil. DoD publications are available on the ESD website at
https://www.esd.whs.mil.
AR 11– 2
Managers’ Internal Control Program
AR 15– 130
Army Clemency and Parole Board
AR 15– 185
Army Board for Correction of Military Records
AR 15–180 • 21 July 2021 8
AR 25– 22
The Army Privacy Program
AR 25– 30
The Army Publishing Program
AR 25– 55
The Department of the Army Freedom of Information Act Program
DA Pam 25– 40
Army Publishing Program Procedures
DA Pam 25 – 403
Guide to Recordkeeping in the Army
DoDD 6495.01
Sexual Assault Prevention and Response (SAPR) Program
Secretary of Defense Memorandum, 3 September 2014
Supplemental Guidance to Military Boards for Correction of Military/Naval Records Considering Discharge Upgrade
Re- quests by Veterans Claiming Post Traumatic Stress Disorder (Available at https://www.defense.gov.)
Secretary of Defense Memorandum, 25 August 2017
Clarifying Guidance to Military Discharge Review Boards and Boards for Correction of Military/Naval Records Con-
sidering Requests by Veterans for Modification of their Discharge Due to Mental Health Conditions, Sexual Assault,
or Sexual Harassment (Available at https://www.defense.gov.)
32 CFR 581.2
Army Discharge Review Board (Available at https://www.gpo.gov.)
10 USC 1177
Members diagnosed with or reasonably asserting post-traumatic stress disorder or traumatic brain injury: medical
examination required before administrative separation. (Available at https://uscode.house.gov/.)
10 USC 1561
Complaints of sexual harassment: investigation by commanding officers (Available at https://uscode.house.gov/.)
Section III
Prescribed Forms
This section contains no entries.
Section IV
Referenced Forms
Unless otherwise indicated, DA forms are available on the Army Publishing Directorate website
(https://armypubs.army.mil/); DD forms are available on the ESD website
(https://www.esd.whs.mil/Directives/forms/).
DA Form 11– 2
Internal Control Evaluation Certification
DA Form 2028
Recommended Changes to Publications and Blank Forms
DD Form 149
Application for Correction of Military Record Under the Provisions of Title 10, U.S. Code, Section 1552
DD Form 293
Application for the Review of Discharge or Dismissal from the Armed Forces of the United States
AR 15–180 • 21 July 2021 9
Appendix B
Board Application of Department of Defense Clarifying Guidance Regarding Liberal
Consideration, Mitigating Factors, and Clemency for Request to Modify Military
Discharges or Military Records
B–1. Purpose
To define the Army’s implementation of DoD guidance regarding liberal consideration, mitigating factors in relation
to a military discharge and associated conduct, and clemency when reviewing requests for modification of the char-
acterization of service, narrative reason, separation code and/or authority, or re-enlistment code of a former Service-
member’s discharge due to mental health conditions, sexual assault, or sexual harassment. Application of liberal con-
sideration, mitigating factors in relation to the discharge and associated conduct, and clemency are not limited solely
to Under Other Than Honorable Condition discharge characterizations. Rather they apply to any request seeking dis-
charge relief involving changes to narrative reason, re-enlistment codes, and upgrades from General to Honorable
characterization of service.
B–2. Board member consideration and training
Generally, standards and principles for review will consider the unique nature of each case and offer each Service-
member or veteran a reasonable opportunity for relief even if the sexual assault or sexual harassment was unreported,
or the mental health condition was not diagnosed until years later. The intent of the referenced DoD memoranda are
to resolve ambiguities and clarify existing guidance to inform the Boards during their adjudication process. The guid-
ance is not intended to interfere with or impede the Boards’ statutory independence. The relative weight of each
principle and whether the principle supports relief in a particular case, are within the sound discretion of the Board.
As part of the formal board member training process, all new board members will—
a. Be provided and thoroughly review the referenced policies and guidance prior to participating as a voting board
member.
b. Observe record review and personal appearance boards prior to participating as a voting board member.
c. Understand the ADRB is authorized to grant relief based on issues of equity or propriety or clemency to ensure
fundamental fairness. However, the ADRB may not exercise clemency for discharges or dismissals issued at a general
court-martial.
d. Understand that requests for discharge relief typically involve four questions:
(1) Did the veteran have a condition(s) or experience(s) that may excuse or mitigate the discharge?
(2) Did that condition(s) exist/experience(s) occur during military service?
(3) Does that condition(s) or experience(s) actually excuse or mitigate the discharge?
(4) Does that condition(s) or experience(s) outweigh the discharge?
e. Understand that evidence may come from sources other than a Servicemember’s or veteran’s service record and
may include, but not be limited to, records from the DoD Sexual Assault Prevention and Response Program, law
enforcement authorities, rape crisis centers, mental health counseling centers, hospitals, physicians, pregnancy tests,
tests for sexually transmitted diseases, and statements from family members, friends, roommates, co-workers, fellow
Servicemembers, or clergy.
f. Understand that liberal consideration does not mandate an upgrade. However, relief may be appropriate for minor
misconduct commonly associated with mental health conditions, including PTSD, TBI, or behaviors commonly asso-
ciated with sexual assault or sexual harassment, and some significant misconduct sufficiently justified or outweighed
by the facts and circumstances.
B–3. Liberal consideration
Requests for changes in characterization of service will be given to the following:
a. Service treatment record entries documenting one or more symptoms that meet the diagnostic criteria of PTSD
or PTSD-related conditions, TBI, other mental health conditions, sexual assault, or sexual harassment, especially when
connected to military service.
b. Department of Veterans Affairs (VA) determinations that document PTSD or PTSD-related conditions, TBI, or
other mental health conditions, sexual assault, or sexual harassment connected to military service.
c. Cases where Service records or any document from the period of service substantiate the existence of one or
more symptoms of what is now recognized as PTSD, a PTSD-related condition, TBI, other mental health condition,
sexual assault, or sexual harassment during the time of service.
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d. Cases where civilian providers confer diagnoses of PTSD or PTSD-related conditions, when case records contain
narratives that support symptomatology at the time of service, or when any other evidence which may reasonably
indicate that PTSD or a PTSD-related disorder existed at the time of discharge which may have mitigated the miscon-
duct that caused the other than Honorable characterization of service.
Note. This guidance does not apply to cases involving pre-existing conditions, which are determined not to have been
incurred or aggravated while in military service.
B–4. Consideration of mitigating factors
The Boards, while not investigative bodies, will use the referenced DoD memoranda to establish a nexus between the
applicant’s claim(s) with the misconduct underlying the Servicemember’s or veteran’s discharge regardless of the
characterization of service. The Board will—
a. Consider if the conditions documented in the record (that can reasonably be determined to have existed at the
time of discharge) will be considered to have existed at the time of discharge.
b. Consider the following conditions potential mitigating factors in the misconduct that determined the characteri-
zation of service: in cases in which PTSD or PTSD-related conditions, TBI, other mental health issues, sexual assault,
or sexual harassment may be reasonably determined to have existed at the time of discharge.
c. Exercise caution when weighing evidence of mitigation in cases in which serious misconduct precipitated a
discharge with a characterization of less than Honorable conditions. Potentially mitigating evidence of the existence
of undiagnosed combat-related PTSD or PTSD-related conditions as a causative factor in the misconduct resulting in
discharge will be carefully weighed against the severity of the misconduct.
d. Consider carefully the likely causal relationship of symptoms of PTSD, TBI, sexual assault, or sexual harassment
in all cases of misconduct. PTSD is not a likely cause of premeditated misconduct.
B–5. Consideration/determination of clemency
With increasing attention being paid to pardons for criminal convictions and the circumstances under which citizens
should be considered for second chances and the restoration of rights forfeited as a result of such convictions, many
states have not only developed processes for restoring basic civil rights to felons but established veterans’ courts to
consider special circumstances associated with military service. Because the authority to change military records or
discharges resides with the various military Boards and not the states, the DoD, through the referenced memoranda,
provides—
a. Clear standards; to ensure the Boards apply appropriate consideration to every application for relief. While not
everyone should be pardoned, forgiven, or upgraded, in some cases, fairness dictates that relief should be granted.
b. Clemency; relief specifically granted from a criminal sentence that is part of the Board’s broad authority to
ensure fundamental fairness. Whiles Boards for Correction of Military/Naval Records may grant clemency regardless
of the court- martial forum, the Discharge Review Boards are limited in their exercise of clemency in that they may
not exercise clemency for discharges or dismissals issued at a general court-martial.
c. Guidance to the Boards; applies to more than clemency from sentencing in a court-martial, it also applies to any
other corrections, including changes in a discharge, which may be warranted on equity or relief from injustice grounds.
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Appendix C
Internal Control Evaluation
C–1. Function
The functions covered by this evaluation are the administration of the ADRB, to include reviewing, processing, noti-
fying, and reporting requirements.
C–2. Purpose
The purpose of this evaluation is to assist the Director, Military Review Boards, the DASA (RB), the ASA (M&RA),
and SECARMY in evaluating the key internal controls outlined in paragraph C– 4. It is not intended to cover all
controls.
C–3. Instructions
Answers must be based on the actual testing of internal controls (such as document analysis, direct observation, sam-
pling, and simulation). Answers that indicate deficiencies must be explained and corrective action indicated in sup-
porting documentation. These key internal controls should be reviewed every 18 months and must be formally evalu-
ated at least once every 5 years. Certification that evaluation has been conducted must be accomplished on DA Form
11 – 2 (Internal Control Evaluation Certification).
C–4. Test questions
a. Does the ARBA have a current memorandum appointing members to the Military Review Boards and Clemency
and Parole Board?
b. Are boards scheduled with sufficient regularity to meet the above requirements?
c. Are board members appointed by the ASA (M&RA)?
d. Do the Military Review Boards have a current list of board members by order of date of rank?
e. Are procedures in place to prioritize cases according to the established agency priorities?
f. Are procedures in place to obtain the required Army records necessary to resolve an application?
g. Are cases reviewed and approved at the appropriate level?
h. Are board decisions distributed in a timely fashion?
i. Are there procedures in place to ensure board-directed corrections are accomplished in a timely manner?
j. Have the Military Review Boards uploaded ADRB board decisions, properly redacted, to the Department of
Defense Board of Review Electronic Reading Room?
k. Did a medical advisor, as defined in this regulation, review all discharge upgrade requests involving sexual
assault, sexual harassment, post traumatic stress disorder, traumatic brain injury, or other behavioral health conditions?
C–5. Supersession
Not applicable.
C–6. Comments
Help to make this a better tool for evaluating internal controls. Submit comments to Assistant Secretary of the Army
(Manpower and Reserve Afairs) Military Review Boards (SAMR– RBB), 251 18th Street South, Suite 385, Arlington,
Virginia 22202 –3531, army.arbainquiry@mail.mil.
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Glossary
Section I
Abbreviations
ABCMR
Army Board for Correction of Military Records
ADRB
Army Discharge Review Board
AMHRR
Army Military Human Resource Record
ARBA
Army Review Boards Agency
ARIMS
Army Records Information Management System
ASA (M&RA)
Assistant Secretary of the Army (Manpower and Reserve Affairs)
DA
Department of the Army
DASA (RB)
Deputy Assistant Secretary of the Army (Review Boards)
DoD
Department of Defense
DoDD
Department of Defense directive
DoDI
Department of Defense instruction
DRB
Discharge Review Board
FOIA
Freedom of Information Act
MRB
Military Review Board
NCR
National Capital Region
PO
presiding officer
PTSD
post traumatic stress disorder
SECARMY
Secretary of the Army
ST
sexual trauma
TBI
traumatic brain injury
UCMJ
Uniform Code of Military Justice
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USC
United States Code
Section II
Terms
Applicant
A former member of the Armed Forces previously discharged in accordance with military service regulations or by
sentence of a court-martial (other than a general court-martial) 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 "appli-
cant" includes the surviving spouse, next-of-kin, or legal representative who is acting on behalf of the former member.
Arbitrary and capricious action
Includes actions by individuals in authority constituting a clear abuse of such authority and, although not amounting
to prejudicial error, may have contributed to the decision to discharge or the characterization of service.
Army Military Human Resource Record
The permanent, historical, and official record of a Soldier’s military service. The AMHRR is an umbrella term en-
compassing human resource records to include, but not limited to, the official military personnel file, finance related
documents, medical accession, retention, and/or separation records, and non-service related documents deemed nec-
essary by the Army.
Complainant
A former member of the Armed Forces (or the former Servicemember’s counsel) submitting a complaint under DoDI
1332.28, Enclosure 5 with respect to the decisional document issued in the former Servicemember’s own case; or a
former member of the Armed Forces (or the former Servicemember’s counsel) submitting a complaint under enclosure
5 stating that correction of the decisional document will assist the former Servicemember in preparing for an admin-
istrative or judicial proceeding in which the former Servicemember’s own discharge will be at issue.
Counsel or representative
An individual or agency designated by the applicant who agrees to represent the applicant in a case before the ADRB.
It includes, but is not limited to: a lawyer admitted to the bar of a Federal court or of the highest court of a state; an
accredited representative designated by an organization recognized by the Secretary of Veterans Affairs; a representa-
tive from a State agency concerned with veterans affairs; and representatives of a private organization or local gov-
ernment agency.
Department of Defense Boards’ Electronic Reading Room
A public website located at https://boards.law.af.mil, where potential complainants are able to review prior decisional
documents issued by their respective boards and obtain application forms to process a complaint.
Discharge
The complete severance from all military status gained by the enlistment or induction concerned, including the as-
signment of a reason for such discharge and characterization of service (see DoDD 1332.14).
Discharge review
The evaluation of the reason for separation, the procedures followed in accomplishing separation, and the characteri-
zation of service. This includes determinations made under the provisions of 38 USC 5303.
Discharge Review Board
An administrative board constituted by the secretary of the military department concerned and vested with discretion-
ary authority to review discharges under the provisions of 10 USC 1553. The ADRB is authorized to review the
character, reason, and authority of a discharge of any Servicemember discharged from active military service within
the past 15 years.
Discharge Review Board Panel
A DRB panel, consisting of five members, authorized by the Secretary concerned to review discharges.
Discharge Review Board Traveling or Regional Panel
A DRB panel conducting discharge reviews in a location outside the NCR.
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Evidence
For purposes of this regulation, any military record document, witness statement, the applicant’s written statement,
correspondence, or any other documents supporting the applicant’s contention of impropriety, inequity, or both with
respect to the discharge.
Hearing
A review involving an appearance before the DRB by the applicant or on the applicant's behalf by a counsel or repre-
sentative.
Issue
A specific reason why the applicant believes the discharge received may have been improper or inequitable.
Liberal
As authorized by the Secretary of Defense, the military departments have wide latitude and discretion to review and
assess cases, pertaining to post traumatic stress disorder and military sexual trauma, independently to correct errors
and rectify inequity. While boards cannot predict outcomes, the “liberal” guidance is intended to ease the application
process for those individuals who are seeking redress by explaining what supporting evidence would aid their case
and assist the boards in reaching fair and consistent results in these cases.
Medical advisor
An officer of the Army Medical Corps or a civilian medical provider assigned to the ADRB to provide opinions and
guidance on medical matters relating to ADRB functions.
National Capital Region
The District of Columbia; Prince George’s 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
coun- ties.
Post–traumatic stress disorder
An anxiety disorder that can occur after experiencing a traumatic event. The Diagnostic and Statistical Manual of
Mental Disorders, published by the American Psychiatric Association, provides the standard criteria and common
language for classification of mental disorders.
President, Discharge Review Board
A person designated by the Secretary concerned and responsible for the supervision of the discharge review function
and other duties as assigned.
Records review
A hearing conducted by a panel of senior active duty officers following a thorough review of the applicant’s record
of service. The applicant does not appear before the panel for this type of hearing but may submit documentary evi-
dence on the applicant’s behalf, as it pertains to the applicant’s military service and/or post-Service achievements.
Secretarial reviewing authority
Either the Secretary concerned or the official to whom the Secretary’s discharge reviewing authority has been dele-
gated.
Sexual assault
As defined in DoDD 6495.01, sexual assault is intentional sexual contact characterized by use of force, threats, intim-
idation, or abuse of authority or when the victim does not or cannot consent. The term includes a broad category of
sexual offenses consisting of the following specific UCMJ offenses: rape, sexual assault, aggravated sexual contact,
abusive sexual contact, forcible sodomy (forced oral or anal sex), or attempts to commit these acts.
Sexual harassment
According to 10 USC 1561, sexual harassment is (1) Conduct that (a) involves unwelcome sexual advances, requests
for sexual favors, and deliberate or repeated offensive comments or gestures of a sexual nature when—(i) submission
to such conduct is made either explicitly or implicitly a term or condition of a person’s job, pay, or career; (ii) sub-
mission to or rejection of such conduct by a person is used as a basis for career or employment decisions affecting
that person; or (iii) such conduct has the purpose or effect of un-reasonably interfering with an individual’s work
performance or creates an intimidating, hostile, or offensive working environment; and (b) is so severe or pervasive
that a reasonable person would perceive, and the victim does perceive, the environment as hostile or offensive. (2)
Any use or condonation, by any person in a supervisory or command position, of any form of sexual behavior to
control, influence, or affect the career, pay, or job of a member of the armed forces or a civilian employee of the
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Department of Defense. (3) Any deliberate or repeated unwelcome verbal comment or gesture of a sexual nature by
any member of the armed forces or civilian employee of the Department of Defense.
Sexual trauma
For purposes of this regulation, the term sexual trauma means rape or sexual assault within the meaning of UCMJ,
Art. 120, forcible sodomy under UCMJ, Art. 125 or an attempt to commit either of these categories of offenses when
punishable under UCMJ, Art 80.
Traumatic brain injury
Several classifications of brain injury (mild, moderate, severe, or penetrating) that are determined by medical profes-
sionals based on the nature of the injury itself. The classifications referenced do not refer to the severity of the symp-
toms associated with the injury but are based on the nature of the injury itself.
UNCLASSIFIED PIN 000430–000
