Appendix A to Part 724 - Policy Statement by the Secretary of Defense - Addressing Certain Categories of Discharges
32:5.1.1.3.7.9.1.4.1 : Appendix A
Appendix A to Part 724 - Policy Statement by the Secretary of
Defense - Addressing Certain Categories of Discharges
Secretary of Defense memorandum of August 13, 1971, to the
Secretaries of the Military Departments, The Chairman, Joint Chiefs
of Staff; Subject: Review of Discharges Under Other Than Honorable
Conditions Issued to Drug Users:
“Consistent with Department of Defense Directive 1300.11,
October 23, 1970, and my memorandum of July 7, 1971, concerning
rehabilitation and treatment of drug users, administrative
discharges under other than honorable conditions issued solely on
the basis of personal use of drugs or possession of drugs for the
purpose of such use will be reviewed for recharacterization.
“Accordingly, each Secretary of a Military Department, acting
through his/her Discharge Review Board, will consider applications
for such review from former service members. Each Secretary is
authorized to issue a discharge under honorable conditions upon
establishment of facts consistent with this policy. Former service
members will be notified of the results of the review. The
Veterans' Administration will also be notified of the names of
former service members whose discharges are recharacterized.
“The statute of limitations for review of discharges within the
scope of this policy will be in accordance with 10 United States
Code 1553.
“This policy shall apply to those service members whose cases
are finalized or in process on or before July 7, 1971”.
Secretary of Defense memorandum of April 28, 1972, to
Secretaries of the Military Departments, Chairman, Joint Chiefs of
Staff; Subject: Review of Punitive Discharges Issued to Drug
Users:
“Reference is made to Secretary Packard's memorandum of July 7,
1971, concerning rehabilitation and treatment of drug users, and my
memorandum of August 13, 1971, subject: ‘Review of Discharges Under
Other Than Honorable Conditions Issued to Drug Users.’
“My August 13, 1971 memorandum established the current
Departmental policy that administrative discharges under other than
honorable conditions issued solely on the basis of personal use of
drugs or possession of drugs for the purpose of such use will be
reviewed for recharacterization to under honorable conditions.
“It is my desire that this policy be expanded to include
punitive discharges and dismissals resulting from approved
sentences of courts-martial issed solely for conviction of personal
use of drugs or possession of drugs for the purpose of such
use.
“Review and recharacterization are to be effected, upon the
application of former service members, utilizing the procedures and
authority set forth in Title 10, United States Code, sections
874(b), 1552 and 1553.
“This policy is applicable only to discharges which have been
executed on or before July 7, 1971, or issued as a result of a case
in process on or before July 7, 1971.
“Former service members requesting a review will be notified of
the results of the review. The Veterans' Administration will also
be notified of the names of former service members whose discharges
are recharacterized.”