S T A T E O F N E W Y O R K
________________________________________________________________________
10420
I N A S S E M B L Y
March 4, 2026
___________
Introduced by M. of A. CASHMAN -- read once and referred to the Commit-
tee on Veterans' Affairs
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-
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-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06026-02-6
A. 10420 2
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.