{"data":{"id":"us/32-cfr-73.2","jurisdiction":"us","citation":"32 CFR 73.2","heading":"Definitions.","body":"Case file records. All records that members of the BCM/NR have access to, not limited to what the BCM/NR analyst presents to the DARB. These records necessarily include the record of proceedings, exhibits, and findings and decisions of both the BCM/NR and DRB.\nCharacterization of a discharge or dismissal. The characterization of a discharge or dismissal is a determination reflecting a Service member's conduct and performance of duty while in military service during a specific period of military service. Administrative discharges can be characterized as honorable, general (under honorable conditions), other than honorable conditions, or can be described as uncharacterized (as in an entry-level separation). If a discharge is adjudged at a court-martial, the assigned characterization may be a bad-conduct discharge, or dishonorable discharge, or a dismissal. The term characterization of a discharge or dismissal is also referred to as a “character of discharge” or “character of service.”\nCharacterization of less than honorable. A characterization that is less than honorable includes a general under honorable conditions, other than honorable conditions, uncharacterized, bad-conduct discharge, dishonorable discharge, or a dismissal.\nDARB member. A person authorized to review a DARB request and make a recommendation to the DARB president on whether the petitioner's request for an upgrade to the characterization of a discharge or dismissal should be granted, partially granted, or denied.\nDischarge Appeal Review Board (DARB). An administrative board constituted by the Secretary of Defense and vested with the authority to conduct a final review of a request for an upgrade in the characterization of a discharge or dismissal under the provisions of 10 U.S.C. 1553a.\nExhausted all remedies available. Petitioner requested an upgrade in the characterization of a discharge or dismissal and presented all evidence and arguments in support of their request to their respective Military Department's DRB and BCM/NR, including any materials not previously presented or considered by the board in making such determination when requesting reconsideration by the Military Department BCM/NR.\nFinal review. The process by which a petitioner's request for an upgrade to the characterization of a discharge or dismissal that was not granted at the respective Military Department's DRB and BCM/NR after the petitioner exhausted all remedies available to the petitioner is evaluated.\nNew information. Material not previously presented to, or considered by, the appropriate Military Department's BCM/NR.\nPetitioner. A member or former member of the Armed Forces whose request for an upgrade to the characterization of a discharge or dismissal was not granted by the relevant Military Department's DRB and BCM/NR. If the member or former member is deceased or legally incompetent, the term “petitioner” includes the surviving spouse, next-of-kin, or legal representative who is acting on behalf of the member or former member. The term “petitioner” also includes a member or former member of the Armed Forces' counsel.\nPreponderance of the evidence. A standard of proof, evidence which as a whole shows that the fact sought to be proved is more probable than not.\nRecord review. A review of the Service member's case file records.\nService member. A member or former member of the Armed Forces.","path":["Title 32—National Defense","Subtitle A—Department of Defense","CHAPTER I—OFFICE OF THE SECRETARY OF DEFENSE","SUBCHAPTER D—PERSONNEL, MILITARY AND CIVILIAN","PART 73—DOD DISCHARGE APPEAL REVIEW BOARD (DARB)"],"source_url":"https://www.ecfr.gov/api/versioner/v1/full/2026-08-25/title-32.xml","current_through":"2026-08-25","vintage":"","retrieved_at":"2026-08-27T02:25:30Z","sha256":"349c7bc6864f6c37e2f805a90e68cfa625e003c67502dd8eb3c392f0a487b7ba","source_id":"us-cfr","stale":true,"prev":"us/32-cfr-73.1","next":"us/32-cfr-73.3"},"notice":"GroundRules: Original legal text. Not legal advice."}