What's happening
This bill requires New York's Division of Veterans' Services to establish a discharge upgrade advisory board program to aid veterans appealing their military discharge status.
Why it matters
Creates a formal process for New York veterans to receive expert, state-level support when seeking to upgrade their military discharge status. , which can be critical for accessing benefits, employment, and social acceptance.
Provides written, non-binding advisory opinions to federal boards considering discharge upgrade appeals. , giving veterans potentially influential documentation to strengthen their cases.
Requires proactive transparency and reporting. , mandating that the program’s activities and outcomes (such as the number of cases reviewed and those deemed meritorious) be published online and included in annual reports, which can help track effectiveness and accountability.
May address inequities for veterans whose discharges were related to issues like PTSD, sexual orientation, or other factors not fully recognized at the time of their separation. , potentially opening new pathways to justice and support for historically marginalized groups.
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Who cares
Headline styles
Help Vets Upgrade Discharges
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 8
No co-sponsors yet.
History
- Substituted by A8095A
- Ordered to third reading cal.1723
- Referred to rules
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Help Veterans Upgrade Discharges
Signed by Governor · Sponsor Didi Barrett
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
6467
2019-2020 Regular Sessions
IN SENATE
June 12, 2019
Introduced by Sen. BROOKS -- read twice and ordered printed, and when printed to be committed to the Committee on Rules
AN ACT to amend the executive law, in relation to directing the division of veterans' services to maintain a discharge upgrade advisory board program
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 353 of the executive law is amended by adding a new subdivision 24 to read as follows:
24. To maintain a discharge upgrade advisory board program within the division to provide written non-binding advisory opinions to veterans of the state of New York appealing their character of discharge from the discharge review board or the board for corrections of military records for their branch of service on the federal level. Individuals may submit an application with evidence, including all relevant documents, which shall be reviewed by the discharge upgrade advisory board program in a timely manner. If such board finds the veteran's application for a discharge upgrade is meritorious, then the board will provide the veteran with a written opinion advocating for the discharge review board or board for corrections of military or naval records to grant that veteran's appeal. The division shall post information on the discharge upgrade advisory board program on its official webpage. The annual report required by subdivision eleven of this section shall contain information including, but not limited to, the number of cases reviewed, and the number of cases where a veteran's application was found to be meritorious.
§ 2. This act shall take effect on the sixtieth day after it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13121-03-9
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the executive law, in relation to directing the division of veterans' services to maintain a discharge upgrade advisory board program
Purpose
This bill will require the Division of Veterans' Services to maintain a Discharge Advisory Upgrade Board Program to provide written non-binding advisory opinions to veterans of the State of New York who are appealing their character of discharge from the United States Armed Forces.
Summary of provisions
Section 1. amends Section 353 of the Executive Law to add a new Subdivi- sion 24 to require the Division of Veterans' Service to maintain a Discharge Advisory Upgrade Board Program
Section 2. is the enacting clause.
Justification
Veterans receiving less-than-honorable discharges are barred from receiving many veterans' benefits on the federal, State and local level. Among them is the important recognition upon their death, when with a less-than-honorable discharge, the veteran is not eligible for burial with full military honors.
Each branch of the military maintains a Discharge Review Board and a Board of Corrections of Military Records to which a veteran may appeal for a discharge upgrade. However, the appeal process can take over a year due to the backlog and complexity of the cases.
The Discharge Review Board Program will review evidence submitted by the veteran seeking to appeal their discharge and if they find the veteran's application to be meritorious, they will provide a written opinion advo- cating for the Discharge Review Board or Board for Corrections to grant the veteran's appeal. Although this may seem to be an added step in the process, it will go a long way in helping a veteran to try to achieve a goal of upgrading his or her military discharge.
Fiscal implications
Non to the state.
Effective date
This act shall take effect on the sixtieth day after it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.