NY State Senate Bill 2019-S6467

Senate Bill S6467

Signed By Governor

2019-2020 Legislative Session

Directs the division of veterans' services to maintain a discharge upgrade advisory board program

download bill text pdf

Archive: Last Bill Status Via A8095 - Signed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Nov 11, 2019	signed chap.481
Nov 08, 2019	delivered to governor
Jun 19, 2019	returned to assembly passed senate 3rd reading cal.1723 substituted for s6467
Jun 19, 2019	substituted by a8095a ordered to third reading cal.1723
Jun 12, 2019	referred to rules

Votes

- Jun 19, 2019 - Floor Vote
  A8095
  
  43
  
  Aye
  
  19
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 19, 2019
      
      aye (43)
      
      Addabbo Jr.
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      Felder
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Harckham
      
      Helming
      
      Hoylman-Sigal
      
      Jackson
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Little
      
      Liu
      
      Martinez
      
      May
      
      Mayer
      
      Metzger
      
      Montgomery
      
      Myrie
      
      Parker
      
      Persaud
      
      Ramos
      
      Ritchie
      
      Rivera
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stewart-Cousins
      
      Thomas
      
      nay (19)
      
      Akshar
      
      Amedore
      
      Antonacci
      
      Boyle
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Griffo
      
      Jacobs
      
      Jordan
      
      LaValle
      
      Lanza
      
      O'Mara
      
      Ortt
      
      Ranzenhofer
      
      Robach
      
      Serino
      
      Seward
      
      Tedisco
  Jun 19, 2019 - Rules Committee Vote
  S6467
  
  14
  
  Aye
  
  3
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 19, 2019
      
      aye (14)
      
      Benjamin
      
      Breslin
      
      Comrie
      
      Gianaris
      
      Hoylman-Sigal
      
      Kennedy
      
      Krueger
      
      Little
      
      Liu
      
      Martinez
      
      Parker
      
      Robach
      
      Savino
      
      Stewart-Cousins
      
      nay (3)
      
      Flanagan
      
      LaValle
      
      Seward
      
      aye wr (2)
      
      Griffo
      
      Lanza

2019-S6467 (ACTIVE) - Details

See Assembly Version of this Bill:: A8095
Law Section:: Executive Law
Laws Affected:: Amd §353, Exec L

2019-S6467 (ACTIVE) - Summary

Directs the division of veterans' services to maintain a discharge upgrade advisory 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 discharge review board or the board for corrections of military or naval records for their branch of service on the federal level.

2019-S6467 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S6467

SPONSOR: BROOKS
 
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.

2019-S6467 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6467
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               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 ASSEM-
 BLY, 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 VETER-
 AN WITH A WRITTEN OPINION ADVOCATING FOR THE DISCHARGE REVIEW  BOARD  OR
 BOARD  FOR CORRECTIONS OF MILITARY OR NAVAL RECORDS TO GRANT THAT VETER-
 AN'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

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