S.Amdt. 332

SA 332. Mr. SCHATZ (for himself, Mr. Young, and Mrs. Gillibrand)
submitted an amendment intended to be proposed by him to the bill S.
2226, to authorize appropriations for fiscal year 2024 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
military personnel strengths for such fiscal year, and for other
purposes; which was ordered to lie on the table; as follows:

At the end of section 536, add the following:
(e) Relief for Impacted Former Members.--
(1) Review of discharge.--
(A) In general.--The Secretary of Defense shall review and
update existing guidance to ensure that the appropriate
discharge board for the military departments concerned shall
review a discharge characterization of the covered member as
required under section 527 of the National Defense
Authorization Act for Fiscal Year 2020 at the request of a
covered member, or their representative, notwithstanding any
requirements to provide documentation necessary to initiate a
review of a discharge characterization.
(B) Exception.--The appropriate discharge board for the
military departments concerned shall not be required to
initiate a request for a review of a discharge as described
in paragraph (1) if there is evidence available to the
discharge board that is unrelated to the material request of
the covered member or the representative of the covered
member but that would have reasonably substantiated the
discharge decision of the military department.
(2) Veterans benefits.--
(A) Effective date of change of characterization for
veterans benefits.--For purposes of the provision of benefits
to which veterans are entitled under the laws administered by
the Secretary of Veterans Affairs to a covered member whose
discharge characterization is changed pursuant to section 527
of the National Defense Authorization Act for Fiscal Year
2020 (Public Law 116-92; 10 U.S.C. 1552 note), the date of
discharge of the member from the Armed Forces shall be deemed
to be the effective date of the change of discharge
characterization under that section.
(A) Rule of construction.--Nothing in this paragraph shall
be construed to authorize any benefit to a covered member in
connection with the change of discharge characterization of
the member under section 527 of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92; 10
U.S.C. 1552 note) for any period before the effective date of
the change of discharge characterization.
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