[Congressional Record Volume 169, Number 120 (Thursday, July 13, 2023)]
[Senate]
[Page S2526]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 332. Mr. SCHATZ (for himself, Mr. Young, and Mrs. Gillibrand) 
submitted an amendment intended to be proposed by him to the bill S. 
2226, to authorize appropriations for fiscal year 2024 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
military personnel strengths for such fiscal year, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end of section 536, add the following:
       (e) Relief for Impacted Former Members.--
       (1) Review of discharge.--
       (A) In general.--The Secretary of Defense shall review and 
     update existing guidance to ensure that the appropriate 
     discharge board for the military departments concerned shall 
     review a discharge characterization of the covered member as 
     required under section 527 of the National Defense 
     Authorization Act for Fiscal Year 2020 at the request of a 
     covered member, or their representative, notwithstanding any 
     requirements to provide documentation necessary to initiate a 
     review of a discharge characterization.
       (B) Exception.--The appropriate discharge board for the 
     military departments concerned shall not be required to 
     initiate a request for a review of a discharge as described 
     in paragraph (1) if there is evidence available to the 
     discharge board that is unrelated to the material request of 
     the covered member or the representative of the covered 
     member but that would have reasonably substantiated the 
     discharge decision of the military department.
       (2) Veterans benefits.--
       (A) Effective date of change of characterization for 
     veterans benefits.--For purposes of the provision of benefits 
     to which veterans are entitled under the laws administered by 
     the Secretary of Veterans Affairs to a covered member whose 
     discharge characterization is changed pursuant to section 527 
     of the National Defense Authorization Act for Fiscal Year 
     2020 (Public Law 116-92; 10 U.S.C. 1552 note), the date of 
     discharge of the member from the Armed Forces shall be deemed 
     to be the effective date of the change of discharge 
     characterization under that section.
       (A) Rule of construction.--Nothing in this paragraph shall 
     be construed to authorize any benefit to a covered member in 
     connection with the change of discharge characterization of 
     the member under section 527 of the National Defense 
     Authorization Act for Fiscal Year 2020 (Public Law 116-92; 10 
     U.S.C. 1552 note) for any period before the effective date of 
     the change of discharge characterization.
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