32 CFR 70.9 - Discharge review standards

Cite as32 CFR 70.9
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9 practice notes
  • Strang v. Marsh, Civ. A. No. 83-0409 P.
    • United States
    • U.S. District Court — District of Rhode Island
    • February 21, 1985
    ...applicant's case is similar to an earlier case in which the DRB or BCMR held that the uniform discharge review standards set forth in 32 C.F.R. § 70.9 required an upgrade in discharge." Pl. Mem.In Supp. Sum.Jmt., at 14. Accordingly, there is no claim that the BCMRs must follow prior BCMR de......
  • Martinez v. U.S., No. 99-5163.
    • United States
    • United States Courts of Appeals. United States Court of Appeals for the Federal Circuit
    • June 17, 2003
    ...Board, it must also consider policy and procedure changes implemented subsequent to the discharge. Geyen, 775 F.2d at 1308-09 (citing 32 C.F.R. § 70.9(c)(1), which provides Army Discharge Review Board standards); see also Blassingame, 811 F.2d at 72-73 (citing 32 C.F.R. § 724.903, which pro......
  • Dickson v. Secretary of Defense, Nos. 94-5190
    • United States
    • United States Courts of Appeals. United States Court of Appeals (District of Columbia)
    • October 31, 1995
    ...should be upgraded if there is "substantial doubt" he would have received the same discharge under current procedures and policies. 32 C.F.R. Sec. 70.9(c)(1). See generally Blassingame v. Secretary of the Navy, 811 F.2d 65, 66-67 (2d Cir.1987) (discharge review boards provide an alternative......
  • Vietnam Veterans of America v. Secretary of the Navy, Nos. 86-5547
    • United States
    • United States Courts of Appeals. United States Court of Appeals (District of Columbia)
    • March 29, 1988
    ...of Defense regulations identify two basic grounds for upgrade by the NDRB: impropriety or inequity in the discharge under review. See 32 C.F.R. Sec. 70.9(b) & (c) (1987). As the court explained in Strang v. Review for "propriety" looks to whether a discharge was illegal when it was given, o......
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9 cases
  • Strang v. Marsh, Civ. A. No. 83-0409 P.
    • United States
    • U.S. District Court — District of Rhode Island
    • February 21, 1985
    ...applicant's case is similar to an earlier case in which the DRB or BCMR held that the uniform discharge review standards set forth in 32 C.F.R. § 70.9 required an upgrade in discharge." Pl. Mem.In Supp. Sum.Jmt., at 14. Accordingly, there is no claim that the BCMRs must follow prior BCMR de......
  • Martinez v. U.S., No. 99-5163.
    • United States
    • United States Courts of Appeals. United States Court of Appeals for the Federal Circuit
    • June 17, 2003
    ...Board, it must also consider policy and procedure changes implemented subsequent to the discharge. Geyen, 775 F.2d at 1308-09 (citing 32 C.F.R. § 70.9(c)(1), which provides Army Discharge Review Board standards); see also Blassingame, 811 F.2d at 72-73 (citing 32 C.F.R. § 724.903, which pro......
  • Dickson v. Secretary of Defense, Nos. 94-5190
    • United States
    • United States Courts of Appeals. United States Court of Appeals (District of Columbia)
    • October 31, 1995
    ...should be upgraded if there is "substantial doubt" he would have received the same discharge under current procedures and policies. 32 C.F.R. Sec. 70.9(c)(1). See generally Blassingame v. Secretary of the Navy, 811 F.2d 65, 66-67 (2d Cir.1987) (discharge review boards provide an alternative......
  • Vietnam Veterans of America v. Secretary of the Navy, Nos. 86-5547
    • United States
    • United States Courts of Appeals. United States Court of Appeals (District of Columbia)
    • March 29, 1988
    ...of Defense regulations identify two basic grounds for upgrade by the NDRB: impropriety or inequity in the discharge under review. See 32 C.F.R. Sec. 70.9(b) & (c) (1987). As the court explained in Strang v. Review for "propriety" looks to whether a discharge was illegal when it was given, o......
  • Request a trial to view additional results

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