View all text of Part 73 [§ 73.1 - § 73.8]

§ 73.5 - Application procedures.

(a) Who is eligible for a final review? To be eligible for a final review, the following criteria must be met:

(1) The Service member's date of discharge or dismissal was on or after December 20, 2019;

(2) Service member received a less than honorable characterization of service at the time of discharge or dismissal;

(3) All remedies available have been exhausted at the respective Military Department's DRB and BCM/NR; and

(4) The request for an upgrade in the characterization of a discharge or dismissal was denied or it was only partially granted at the respective Military Department's BCM/NR.

(b) Who may request a final review? (1) In most cases, the petitioner is the Service member, and the final review relates to their military service records.

(2) If the Service member is deceased or legally incompetent and incapable of acting on their own behalf, a spouse, next of kin, or legal representative may be able to act on behalf of the Service member.

(c) When can a petitioner request a final review? (1) Petitioners must first exhaust all available remedies at their respective Military Department's DRB and BCM/NR before requesting a final review. The DARB will return an unexhausted request to the petitioner without considering it.

(2) After exhausting their administrative remedies, Petitioners must request a final review within 365 calendar days after the date of receipt of their respective Military Department's BCM/NR decision. The DARB may deny an untimely request.

(d) How does a petitioner make a final review request? (1) A request must be made in writing, but the completion of a DoD form is not required to request a final review. An email or letter requesting a final review is sufficient to make a request. Sample templates to request a final review can be accessed at https://afrba-portal.cce.af.mil/#application-submission-darb.

(2) The contents of a request must include the following:

(i) the petitioner's name, address, telephone number, and email address;

(ii) the Service member's name if represented by counsel or a representative; and

(iii) the BCM/NR docket number to assist the DARB in obtaining records from the respective Military Department's BCM/NR. If this information is not provided, the DARB may return the request without considering it.

(3) Additional documentation may be needed in support of a request for review by the DARB. If requesting a final review on behalf of a Service member, proof of status or relationship documents are required and must be enclosed or attached to a request for a final review. Proof of status or relationship documentation may include a death certificate, marriage license, divorce decree, birth certificate, notarized power of attorney, and court appointment of conservatorship or guardianship. The DARB will return the request to the petitioner without considering it when a proper relationship to a Service member has not been shown.

(4) If there is new information in support of a request to upgrade the characterization of a discharge or dismissal, the DARB cannot review it. If the petitioner has new information, the petitioner must first seek reconsideration from the appropriate Military Department's BCM/NR to exhaust all remedies available.

(e) Where do petitioners send a final review request? Petitioners may submit a request for a final review by mail or email. Requests by email are preferred and should be sent to the following address: [email protected]. Requests by mail should be sent to the following address: Air Force Review Boards Agency, SAF/MRBD (DARB), 3351 Celmers Lane, Joint Base Andrews, MD 20762-6435.

(f) How do petitioners withdraw a final review request? Petitioners may withdraw a request for a final review in writing at any time before the DARB panel's scheduled review.