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32 CFR § 73.2 - Definitions.

---
identifier: "/us/cfr/t32/s73.2"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "32 CFR § 73.2 - Definitions."
title_number: 32
title_name: "National Defense"
section_number: "73.2"
section_name: "Definitions."
chapter_name: "OFFICE OF THE SECRETARY OF DEFENSE"
subchapter_number: "D"
subchapter_name: "PERSONNEL, MILITARY AND CIVILIAN"
part_number: "73"
part_name: "DOD DISCHARGE APPEAL REVIEW BOARD (DARB)"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "10 U.S.C. 1553a."
regulatory_source: "89 FR 94610, Nov. 29, 2024, unless otherwise noted."
cfr_part: "73"
---

# 73.2 Definitions.

*Case file records.* All records that members of the BCM/NR have access to, not limited to what the BCM/NR analyst presents to the DARB. These records necessarily include the record of proceedings, exhibits, and findings and decisions of both the BCM/NR and DRB.

*Characterization of a discharge or dismissal.* The characterization of a discharge or dismissal is a determination reflecting a Service member's conduct and performance of duty while in military service during a specific period of military service. Administrative discharges can be characterized as honorable, general (under honorable conditions), other than honorable conditions, or can be described as uncharacterized (as in an entry-level separation). If a discharge is adjudged at a court-martial, the assigned characterization may be a bad-conduct discharge, or dishonorable discharge, or a dismissal. The term characterization of a discharge or dismissal is also referred to as a “character of discharge” or “character of service.”

*Characterization of less than honorable.* A characterization that is less than honorable includes a general under honorable conditions, other than honorable conditions, uncharacterized, bad-conduct discharge, dishonorable discharge, or a dismissal.

*DARB member.* A person authorized to review a DARB request and make a recommendation to the DARB president on whether the petitioner's request for an upgrade to the characterization of a discharge or dismissal should be granted, partially granted, or denied.

*Discharge Appeal Review Board (DARB).* An administrative board constituted by the Secretary of Defense and vested with the authority to conduct a final review of a request for an upgrade in the characterization of a discharge or dismissal under the provisions of 10 U.S.C. 1553a.

*Exhausted all remedies available.* Petitioner requested an upgrade in the characterization of a discharge or dismissal and presented all evidence and arguments in support of their request to their respective Military Department's DRB and BCM/NR, including any materials not previously presented or considered by the board in making such determination when requesting reconsideration by the Military Department BCM/NR.

*Final review.* The process by which a petitioner's request for an upgrade to the characterization of a discharge or dismissal that was not granted at the respective Military Department's DRB and BCM/NR after the petitioner exhausted all remedies available to the petitioner is evaluated.

*New information.* Material not previously presented to, or considered by, the appropriate Military Department's BCM/NR.

*Petitioner.* A member or former member of the Armed Forces whose request for an upgrade to the characterization of a discharge or dismissal was not granted by the relevant Military Department's DRB and BCM/NR. If the member or former member is deceased or legally incompetent, the term “petitioner” includes the surviving spouse, next-of-kin, or legal representative who is acting on behalf of the member or former member. The term “petitioner” also includes a member or former member of the Armed Forces' counsel.

*Preponderance of the evidence.* A standard of proof, evidence which as a whole shows that the fact sought to be proved is more probable than not.

*Record review.* A review of the Service member's case file records.

*Service member.* A member or former member of the Armed Forces.