Assembly Bill A6992A

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6992--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 10, 2023
                                ___________
 
 Introduced  by  M.  of A. DICKENS, TAYLOR, REYES, AUBRY, SILLITTI, McDO-
   NOUGH, SMULLEN, SIMON -- read once and referred to  the  Committee  on
   Veterans' Affairs -- recommitted to the Committee on Veterans' Affairs
   in  accordance  with  Assembly Rule 3, sec. 2 -- committee discharged,
   bill amended, ordered reprinted as amended  and  recommitted  to  said
   committee
 
 AN  ACT  to  amend  the veterans' services law, in relation to providing
   certain support for veterans to help alter their discharged status
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision 31 of section 4 of the veterans' services law
 is amended to read as follows:
   31. To  maintain  a  discharge  upgrade  [advisory]  ASSISTANCE  board
 program  within  the department to [provide written non-binding advisory
 opinions to] ASSIST veterans of the state of  New  York  [appealing]  IN
 UPGRADING their character of discharge [from], CHANGING THEIR REASON FOR
 DISCHARGE,  OR  SEEKING ANY OTHER RELIEF AVAILABLE THROUGH the discharge
 review board or [the] board for [corrections] CORRECTION of military  OR
 NAVAL records for their branch of service on the federal level. Individ-
 uals  may  submit  an  application with evidence, including all relevant
 documents, which shall be reviewed by the discharge  upgrade  [advisory]
 ASSISTANCE  board  [program]  in  a  timely  manner. AFTER REVIEW OF THE
 APPLICATION THE BOARD SHALL PROVIDE A WRITTEN NON-BINDING ADVISORY OPIN-
 ION AS TO THE MERITS OF THE VETERAN'S CASE. UPON RECEIPT OF AN  APPLICA-
 TION, IT SHALL BE THE DUTY OF THE BOARD TO ASSIST THE VETERAN IN IDENTI-
 FYING  AND OBTAINING ANY ADDITIONAL INFORMATION OR EVIDENCE NECESSARY TO
 EITHER REACH SUCH AN OPINION OR SUPPORT  THE  VETERAN'S  CASE.  If  such
 board finds the veteran's application for a discharge upgrade is merito-
 rious, then the board will [provide] ASSIST the veteran [with] IN FILING
 A  REQUEST FOR CORRECTION OR REVIEW AND REPRESENT THE VETERAN BEFORE THE
 APPROPRIATE VENUE WHICH SHALL INCLUDE PREPARING a written opinion  advo-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10714-02-4
              

 A. 6992--A                          2

 cating  for  the  discharge  review  board  or  board  for [corrections]
 CORRECTION of military or naval records to grant that veteran's  appeal.
 IF,  HOWEVER, THE BOARD IS UNABLE TO REPRESENT THE VETERAN DIRECTLY, THE
 BOARD  SHALL  ASSIST THE VETERAN IN FINDING REPRESENTATION THROUGH OTHER
 QUALIFIED COUNSEL OR AN ACCREDITED  REPRESENTATIVE  OF  AN  ORGANIZATION
 RECOGNIZED  BY  THE  SECRETARY  OF  VETERANS AFFAIRS UNDER CHAPTER 59 OF
 TITLE 38 OF THE UNITED STATES CODE. IN THE EVENT OF AN UNFAVORABLE DECI-
 SION FROM A DISCHARGE REVIEW BOARD OR  BOARD  FOR CORRECTION  OF   MILI-
 TARY  OR  NAVAL  RECORDS,  THE  BOARD SHALL ALSO PROVIDE INFORMATION AND
 ASSISTANCE IN SECURING QUALIFIED COUNSEL TO ANY  VETERAN  INTERESTED  IN
 PURSUING  AN  APPEAL  OF  SUCH DECISION IN FEDERAL COURT. The department
 shall post information on the discharge upgrade advisory  board  program
 on  its official webpage.  FURTHERMORE, THE DEPARTMENT SHALL MAKE REFER-
 ENCE TO THIS PROGRAM PURSUANT TO SUBDIVISIONS FIVE,  SIX  AND  SEVEN  OF
 THIS  SECTION  AND  OFFICIAL  SOCIAL MEDIA OF THE DEPARTMENT. The annual
 report required by subdivision seventeen 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, THE NUMBER OF MERITORIOUS APPLICATIONS FOR WHICH THE  BOARD
 PROVIDED  REPRESENTATION  IN PURSUING THEIR APPEAL AT THE FEDERAL LEVEL,
 THE OUTCOME OF SUCH REPRESENTATION, AND THE NAMES AND NUMBERS  OF  OTHER
 COUNSEL OR ORGANIZATIONS TO WHOM REFERRALS FOR REPRESENTATION WERE MADE.
 AS USED IN THIS SUBDIVISION THE TERM "VETERAN" MEANS A PERSON WHO SERVED
 IN  THE UNIFORMED SERVICES OR THEIR RESPECTIVE NATIONAL GUARD OR RESERVE
 COMPONENTS, REGARDLESS OF DISCHARGE STATUS.
   § 2. This act shall take effect immediately.