Bill Text: NY A06992 | 2023-2024 | General Assembly | Amended

New York Assembly Bill 6992

Bill Title: Requires the department of veterans' services to provide legal and/or technical support to veterans who want to change such veteran's discharged status to honorable because such person was dishonorably or administratively discharged from the armed services due to sexual orientation.

Spectrum: Moderate Partisan Bill (Democrat 9-2)

Status: (Introduced) 2024-04-16 - reported [A06992 Detail]

Download: New_York-2023-A06992-Amended.html


                STATE OF NEW YORK
        ________________________________________________________________________

                                         6992--A

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                      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:

     1    Section  1.  Subdivision 31 of section 4 of the veterans' services law
     2  is amended to read as follows:
     3    31. To  maintain  a  discharge  upgrade  [advisory]  assistance  board
     4  program  within  the department to [provide written non-binding advisory
     5  opinions to] assist veterans of the state of  New  York  [appealing]  in
     6  upgrading their character of discharge [from], changing their reason for
     7  discharge,  or  seeking any other relief available through the discharge
     8  review board or [the] board for [corrections] correction of military  or
     9  naval records for their branch of service on the federal level. Individ-
    10  uals  may  submit  an  application with evidence, including all relevant
    11  documents, which shall be reviewed by the discharge  upgrade  [advisory]
    12  assistance  board  [program]  in  a  timely  manner. After review of the
    13  application the board shall provide a written non-binding advisory opin-
    14  ion as to the merits of the veteran's case. Upon receipt of an  applica-
    15  tion, it shall be the duty of the board to assist the veteran in identi-
    16  fying  and obtaining any additional information or evidence necessary to
    17  either reach such an opinion or support  the  veteran's  case.  If  such
    18  board finds the veteran's application for a discharge upgrade is merito-
    19  rious, then the board will [provide] assist the veteran [with] in filing
    20  a  request for correction or review and represent the veteran before the
    21  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

     1  cating  for  the  discharge  review  board  or  board  for [corrections]
     2  correction of military or naval records to grant that veteran's  appeal.
     3  If,  however, the board is unable to represent the veteran directly, the
     4  board  shall  assist the veteran in finding representation through other
     5  qualified counsel or an accredited  representative  of  an  organization
     6  recognized  by  the  secretary  of  veterans affairs under chapter 59 of
     7  title 38 of the United States code. In the event of an unfavorable deci-
     8  sion from a discharge review board or  board  for correction  of   mili-
     9  tary  or  naval  records,  the  board shall also provide information and
    10  assistance in securing qualified counsel to any  veteran  interested  in
    11  pursuing  an  appeal  of  such decision in federal court. The department
    12  shall post information on the discharge upgrade advisory  board  program
    13  on  its official webpage.  Furthermore, the department shall make refer-
    14  ence to this program pursuant to subdivisions five,  six  and  seven  of
    15  this  section  and  official  social media of the department. The annual
    16  report required by subdivision seventeen of this section  shall  contain
    17  information including, but not limited to, the number of cases reviewed,
    18  and  the  number  of cases where a veteran's application was found to be
    19  meritorious, the number of meritorious applications for which the  board
    20  provided  representation  in pursuing their appeal at the federal level,
    21  the outcome of such representation, and the names and numbers  of  other
    22  counsel or organizations to whom referrals for representation were made.
    23  As used in this subdivision the term "veteran" means a person who served
    24  in  the uniformed services or their respective national guard or reserve
    25  components, regardless of discharge status.
    26    § 2. This act shall take effect immediately.