(a) Intake of final review requests. (1) Before conducting a final review, DARB personnel will review submitted requests to ensure eligibility for a final review.

(2) DARB personnel will provide notification to the petitioner to confirm receipt of the final review request. If it is determined that the petitioner is ineligible for a final review, DARB personnel will also notify the petitioner in writing of the reason(s) their request did not qualify for a final review.

(3) Once a case intake is complete, DARB personnel will access or request case file records from the respective Military Department's BCM/NR and assign a DARB panel to consider the final review request.

(4) If it is determined that a petitioner's case involves the adjudication of a Mental Health condition, a military or civilian health care provider will review the case file records to determine if a medical advisory opinion is required and missing. If the case file is missing a medical advisory opinion or other pertinent information the case will be returned the Military Department's BCM/NR for reconsideration or a document request.

(b) Consideration of final review requests—(1) Scope of review. The DARB's review is limited to the case file records related to a petitioner's request for an upgrade in the characterization of a discharge or dismissal. The DARB is not authorized to review or address new information provided by a petitioner in support of a request for an upgrade in the characterization of a discharge or dismissal.

(2) Standard of review. In considering a petitioner's request for an upgrade in the characterization of a discharge or dismissal, the DARB will review the Military Department's BCM/NR decision de novo. The DARB independently reviews the case file records, applies DoD discharge review polices and standards and applicable Military Service policies, and recommends an upgrade, if appropriate. This new review occurs without giving any deference to the Military Department's BCM/NR findings and decision.

(3) DARB panel adjudication. The DARB panel will consider the petitioner's request and case file records, examine pertinent DoD and Military Service regulations and policies, discuss the case and issues, and vote to determine whether a petitioner's request for an upgrade in the characterization of a discharge or dismissal should be granted, partially granted, or denied.

(4) DARB panel recommendation. A majority vote constitutes the recommended action of the DARB panel. The DARB panel will provide a written recommendation including the number of votes and any minority votes and their reason(s) for their recommendation. The written recommendation must provide a basis for their decision to deny a request to upgrade, to partially upgrade, or to fully upgrade the characterization of a discharge or dismissal. The DARB panel's written recommendation will be submitted to the DARB President.

(5) Review of the DARB panel's recommendation and the recommendation of the DARB. The DARB President reviews the DARB panel's written recommendation and makes the recommendation for the DARB. The DARB President will submit the DARB's written recommended action to the SECAF.

(i) If the DARB President approves the DARB panel's recommendation, the recommendation will constitute the recommended action of the DARB.

(ii) If the DARB President disagrees with the DARB panel's recommendation, the DARB President will provide a new recommendation. This new recommendation will be in writing and will include the change to be made and the reasons for rejecting the recommendation of the DARB panel.

(6) Discretionary review of the DARB's recommended action. The DARB President's actions are subject to discretionary review by the SECAF.

(i) The DARB's recommended action will be the final recommended action unless the SECAF exercises their discretionary review authority within 30 calendar days after the DARB President submits the recommendation to the SECAF.

(ii) If the SECAF chooses to exercise their discretionary review authority to review the DARB's recommended action within 30 calendar days, and the SECAF changes the DARB's recommended action, the SECAF will provide a written recommendation with supporting reasons and the new recommendation will constitute the final recommended action.

(iii) The SECAF may delegate, in writing, its discretionary authority to act on DARB recommendations to a Presidentially appointed, Senate-confirmed (PAS) official but further re-delegation is not authorized.

(c) Reconsideration at the BCM/NR. If it is unclear from the DARB's review whether the appropriate Military Department BCM/NR considered relevant evidence when it denied the requested discharge or dismissal upgrade, the DARB may return a case directly to the BCM/NR for reconsideration. If the Military Department BCM/NR concerned accepts the case for reconsideration, the petitioner will be notified in writing.