Centralized Administrative Boards

The military lawyers at the Law Office of Will M. Helixon, located in Vilseck and Wiesbaden, Germany, possess extensive experience spanning over 45 years in advising commanders and Soldiers on various adverse administrative actions. Their expertise includes handling cases involving GOMORs, NJP, involuntary separations, referred performance evaluations, security clearance revocations, and disability ratings. They have successfully represented Soldiers seeking review of these and other adverse administrative actions before Army Centralized Administrative Boards.

If you believe you have an adverse administrative matter that warrants an appeal to one of these Centralized Administrative Boards or if you are planning to submit an appeal, it is crucial to seek immediate advice from one of the military lawyers at the Law Office of Will M. Helixon. While you may not be entitled to the services of a detailed military defense counsel from Trial Defense Services or other similar organizations, you may have the option to utilize the assistance of a lawyer assigned to the local legal assistance office if one is reasonably available.

Remember, that military lawyers assigned to legal assistance are usually straight out of their officer basic course and are performing their first job as an attorney and a military officer.  However, hiring an experienced civilian lawyer who can effectively prepare your case for submission to the Centralized Administrative Board is within your rights. Considering that the outcome of the board hearing can significantly impact your career and future advancement in the military, it is imperative to have the guidance of seasoned military lawyers.

At the Law Office of Will M. Helixon, we are ready to assist you in protecting your career. Contact us today for a free consultation and to plan your appeal to the Centralized Administrative Board. When you require more than what legal assistance can provide and your career is at stake, the military lawyers at the Law Office of Will M. Helixon are here to ensure you present the strongest case possible. Call us today.

What Are Centralized Administrative Boards?

In the Army, Centralized Administrative Boards are standing boards that are centrally appointed and provide Soldiers with the opportunity to submit written matters, including evidence, witness statements, and supporting documents for consideration at the board. The other services, including the Air Force and Space Force, the Navy and Marine Corps, and the Coast Guard also have standing Centralized Administrative Boards. These boards review previously taken or pending adverse administrative actions against the Service Member. It’s important to note that these are primarily “paper” boards, and personal appearances by the soldier are generally not granted. In the Army, most of these boards are managed by the Army Review Board Agency (ARBA). The Army Centralized Administrative Boards encompass various entities with diverse responsibilities, including:

Army Board of Correction for Military Records (ABCMR): Allows Soldiers to appeal adverse administrative records, requesting changes or deletions from their official personnel file (AMHRR). Personal appearance may be requested, but the board ultimately decides whether it is necessary to resolve the issues, and does not guarantee personal appearance.

Army Personnel Security Appeals Board (PSAB): Reviews written appeals regarding the revocation of a Soldier’s security clearance and serves as the approval body for the Defense Office of Hearings and Appeals (DOHA) administrative judge’s ruling on security clearance revocation appeals.

Army Discharge Review Board (ADRB): Provides a platform for Soldiers to petition for the review of their administrative discharge, aiming to change the characterization of service and/or the reason for discharge based on standards of equity and propriety.

Army Ad Hoc Board: Serves as a special advisory board that reviews cases and provides advice to the Deputy Assistant Secretary of the Army (Review Boards) (DASA(RB)), particularly in situations where no statutory or regulatory board is required for officer separations.

Army Ad Hoc Review Board: Reviews decisions made by local Boards of Inquiry (BOI) to separate officers.

Active-Duty Board: Reviews cases of reserve officers serving on active duty, recommended for release based on misconduct or substandard performance.

Army Board of Review (BOR) for Eliminations: Reviews decisions made by local Boards of Inquiry (BOI) to separate officers.

Army Clemency and Parole Board (ACPB): Makes parole decisions for prisoners in DoD correctional facilities.

Formal Physical Evaluation Board (FPEB): Reviews the findings and conclusions regarding disability ratings of the Information Physical Evaluation Board (IPEB) in the Integrated Disability Evaluation System (IDES).

Army Disability Rating Review Board (ADRRB): Reviews disability ratings of zero percent upon discharge.

Army Physical Disability Appeal Board (APDAB): Reviews findings of the FPEB and PEB.

Army Physical Disability Review Board (APDRB): Considers appeals related to physical disability ratings.

Army Special Review Boards: Involves two separate boards for reviewing appeals regarding NCOERs and OERs (performance evaluations).

DA Suitability and Evaluation Board (DASEB): Reviews whether records, including adverse administrative actions, should remain in a Soldier’s official files (AMHRR).

DA Conscientious Objector Review Board (DACORB): Operates according to AR 600-43 and serves as the arbiter of Soldier’s applications for conscientious objector status.

Defense Office of Hearings and Appeals (DOHA): Conducts hearings before an administrative judge to review decisions on the revocation of a Soldier’s security clearance.

DoD Discharge Appeal Review Board (DARB): Reviews decisions made by service component Boards of Correction for Military Records.

DoD Physical Disability Board of Review (PDBR): Assesses physical disability ratings for Service Members discharged between 2001 and 2009.

If you are planning on submitting an appeal or application to any of these Centralized Boards, it is advisable to contact the Law Office of Will M. Helixon promptly. Their expertise will help you determine the best course of action in applying to the Centralized Administrative Board, and drafting a persuasive, well-written, and supported application with evidence, including witness statements and other supporting documents to achieve a positive outcome.

 

 

What is the Army Board of Correction for Military Records (ABCMR) (Centralized Administrative Board)?

The Army Board for Correction of Military Records (ABCMR) is responsible for reviewing individual applications that adhere to the guidelines outlined in Army Regulation 15-185. The primary objective of the ABCMR is to address instances where there may have been an “error or injustice” in military records. This standard serves as the basis for evaluating requested corrections. In cases where applicants have faced reprisal for filing a Congressional Inquiry or a Complaint with the Inspector General, the ABCMR has the authority to recommend disciplinary or administrative action against Army officials involved in such reprisals, in accordance with 10 USC 1034 and DODD 7050.6.

It’s important to note that the ABCMR’s role is not investigative in nature. Instead, the board decides cases based on the existing evidence presented to them. However, at its discretion, the ABCMR may opt to hold a hearing or request additional evidence or opinions to support their decision-making process.

During their review, the board members carefully assess each application to determine whether an error or injustice is evident. If persuaded by the available evidence that a material error or injustice exists, the board members will direct or recommend appropriate changes to correct the records. In cases where it is deemed necessary in the interest of justice, a hearing may be recommended. Conversely, applications may be denied if the alleged error or injustice lacks sufficient evidence or if a hearing is deemed unnecessary. Additionally, applications filed beyond the prescribed time limits may be denied unless it is determined to be in the interest of justice to excuse the delay.

The ABCMR board members approach their review process with the aim of addressing errors and injustices in military records, ensuring fairness and justice for applicants.

What is the Army Personnel Security Appeals Board (APSAB) (Centralized Administrative Board)?

The Army Personal Security Appeals Board (PSAB) serves as the final authority in appeals regarding revocation of security clearance eligibility and SCI access eligibility for Department of the Army military and civilian members, as well as DA contractors requiring SCI access. Comprising three members, including a Chairman and two rotating members selected monthly from a pool of available members, the PSAB ensures a fair and comprehensive review process.

When an applicant chooses to submit a direct written appeal to the Army PSAB, they must provide all necessary mitigating documents, statements, command endorsement, and other relevant information within 30 calendar days of signing the Form 54, Notice of Intent to Appeal (NOIA).

The PSAB conducts a thorough review of all documentation, including the applicant’s appeal documents, the administrative judge’s recommendation (if the Soldier opted for a hearing before the Defense Office of Appeals and Hearings, or DOHA), and the historical case file provided by the Defense Counterintelligence and Security Agency (DCSA) Consolidated Adjudication Services (CAS). This comprehensive assessment allows the Army PSAB to make a final determination based on the whole person concept, taking into account all relevant factors.

If the PSAB decides to overturn the DCSA CAS revocation, the clearance will be reinstated. In some cases, the PSAB may grant a “conditional” reinstatement, where specific conditions are imposed on the appellant, and their command will monitor them for a one-year period to retain their clearance.

On the other hand, if the PSAB upholds the DCSA CAS decision regarding clearance revocation, the appeal process concludes. In such cases, the appellant must wait for one year from the date of the final decision before their command can request a reconsideration.

What is the Army Discharge Review Board (ADRB) (Centralized Administrative Board)?

The Army Discharge Review Board (ADRB) is a centralized board within the Army that evaluates requests from Soldiers to review their adverse administrative discharge. Its purpose is to consider changing the characterization of service and/or the reason for discharge based on the principles of “equity and propriety.” However, it is important to note that the ADRB does not have the authority to reverse a discharge, reinstate a Soldier, or recall a Soldier to active duty. Upgrades to bad conduct discharges resulting from a special court martial can only be granted on the grounds of “clemency.””

The ADRB offers three avenues for review:

• • • Records Review: The Board assesses the case based on a thorough examination of the military record and any additional evidence provided by the Soldier (paper review).
    • Personal Appearance Boards: Soldiers have the option to appear in person before the Board, either with or without a military lawyer, to present further information that supports their argument.
    • Legal Representation: Alternatively, a Soldier’s military lawyer may appear before the Board on their behalf.

Soldiers seeking assistance with case preparation have a couple of options. They can choose to hire a private military lawyer at their own expense or seek help from Military or Veterans Service organizations, which may offer free counsel or representatives to assist with case preparation.

The ADRB has the authority to review the character, reason, and authority of a discharge for any Soldier who has been discharged from active military service within the past 15 years. The legal basis for ADRB review is derived from Public Law 95-126 and Title 10 U.S.C. 1553. The Department of Defense Instruction 1332.28, Discharge Review Board Procedures and Standards, establishes the policies, procedures, and standards for discharge review. Additionally, Army Regulation 15-180, Army Discharge Review Board, governs the decision-making criteria, rules, and composition of the ADRB.

What is the Army Ad Hoc Board (Centralized Administrative Board)?

The Ad Hoc Board (AHRB) is a specialized board established by the Army Review Board Agency (ARBA) to thoroughly examine cases and provide recommendations to the Deputy Assistant Secretary of the Army (Review Boards) (DASA(RB)), specifically in situations where no statutory or regulatory board is required. It is important to note that the Ad Hoc Board operates solely as an advisory board within the ARBA, and Soldiers do not possess a guaranteed entitlement to a review by the Ad Hoc Board. Furthermore, the recommendations made by the Ad Hoc Board do not impose any binding decision-making authority on the DASA(RB).

The Ad Hoc Board primarily focuses on evaluating cases falling under three categories:

• • • Officer resignations for the good of the service in lieu of general court-martial (RFGOS).
    • Resignations in lieu of elimination (RILE).
    • Probationary officer cases in which the command seeks no worse than a General Discharge characterization.

During the assessment of a case, the Ad Hoc Board provides recommendations on whether an officer should be eliminated, and if so, offers guidance on how the officer’s service should be characterized.

Please note that the Ad Hoc Board serves as a specialized body within the ARBA, ensuring a thorough evaluation of cases that do not necessitate statutory or regulatory boards. Although the Ad Hoc Board’s recommendations are valuable, they do not carry the authority to determine the final decision made by the DASA(RB).

What is the Ad Hoc Review Board (AHRB) (Centralized Administrative Board)?

On September 20, 2013, the function of the Board of Review (BOR) shifted to the Ad Hoc Review Board (AHRB).  According to AR 600-8-24, paragraph 4-17, the AHRB is now centralized administrative board responsible for reviewing officers who had been recommended for elimination by a field-based Board of Inquiry (BOI), commonly known as the “Show Cause Board.”

In order for an officer to be eliminated, it is not only the Board of Inquiry (BOI) that must be convinced, but also the Ad Hoc Review Board (AHRB) and the separation authority. Therefore, the comprehensive and thorough assembly of records by the command, including the BOI record, is essential for a successful separation process.

Once the BOI recommends separation, along with a suitable characterization, the case progresses through HRC to the Army Review Board Agency (ARBA) for the AHRB’s review. The composition of the AHRB mirrors that of the BOI, requiring at least one member to be a colonel and the remaining two to hold the rank of lieutenant colonel or above. Furthermore, all members must be senior to the respondent, and if the respondent is not a Regular Army officer, the AHRB must include at least one Reserve officer.

The Ad Hoc Review Board (AHRB) confines its review to specific elements, including the officer’s Army Military Human Resource Record (AMHRR), the BOI record, any rebuttal provided by the officer to the BOI, and the General Officer Show Cause Authority’s (GOSCA) recommendation. The AHRB is limited to recommending actions no less favorable than those recommended by the BOI. In the event that the AHRB votes to retain the officer, the separation action is terminated. However, if the AHRB votes to separate the officer, they also recommend an appropriate characterization. It is important to note that the Ad Hoc Review Board’s recommendation is not binding on the Secretary of the Army (SECARMY) or their designee. Only SECARMY or the designee has the authority to grant clemency.

In cases where the AHRB recommends elimination, they may also propose clemency in the form of suspending the separation, along with providing the reasons for such a recommendation. Nevertheless, the power to grant clemency lies solely with the SECARMY or their designee.

What is the Active Duty Board (Centralized Administrative Board)?

The Department of the Army Active Duty Board (DAADB) is a centralized administrative board that plays a crucial role in ensuring that only Reserve Component officers who consistently uphold high standards of performance, efficiency, morality, and professionalism are permitted to serve on active duty. The DAADB operates in accordance with AR 600-8-24, Chapter 2, paragraph 2-13, and is responsible for reviewing cases of Reserve Component officers on active duty who have been recommended for release from active duty due to misconduct or substandard performance by their chains of command.

While personal appearances are not granted at the DAADB, the board thoroughly considers the officer’s Army Military Human Resource Record (AMHRR), evidence presented by the command, and the Soldier’s rebuttal (conducted through a paper board review). The board subsequently forwards the cases, along with their recommendations, to the Secretary of the Army (SECARMY) or a designated representative, who ultimately makes the final decision.

It is important to note that the mere fact that an officer has been released from active duty through the DAADB procedures does not, in itself, establish sufficient grounds to compel the officer to demonstrate cause for retention in the service. The DAADB operates on the premise that the officer’s case should be evaluated on its individual merits, rather than assuming an automatic requirement to justify continued service.

Please note that the DAADB serves as a critical component in upholding the standards of active duty service for Reserve Component officers, ensuring that misconduct or substandard performance is appropriately addressed and evaluated.

What is the Army Board of Review (BOR) (Centralized Administrative Board)?

The Board of Review (BOR) served as a centralized administrative board responsible for reviewing officers who had been recommended for elimination by a field-based Board of Inquiry (BOI), commonly known as the “Show Cause Board.” Originally, the BOR was a statutory requirement, but currently, its necessity is outlined solely in AR 600-8-24 for cases where the recommendation for elimination was made prior to September 20, 2013. Subsequently, any BOI recommendations entered after that date are evaluated by the Ad Hoc Review Board (AHRB). Effectively, as of September 20, 2013, the BOR’s responsibilities were transitioned to the AHRB, ensuring a streamlined and efficient process for evaluating elimination recommendations.

What is the Army Clemency and Parole Board (ACPB) (Centralized Administrative Board)?

The Army Clemency and Parole Board (ACPB) has been established to provide recommendations to the Deputy Assistant Secretary of the Army (Review Boards) (DASA(RB)) for eligible individuals with approved sentences from courts-martial. The ACPB handles various clemency actions, including:

• • • Remission or suspension of the unexecuted portion of any approved sentence, except for sentences approved by the President. This includes uncollected forfeitures.
    • Remission or suspension of the unexecuted portion of an approved death sentence that has been commuted to a lesser punishment as approved by the President, except for life without eligibility for parole. For life without eligibility for parole cases, the final clemency approval rests with the SECARMY.
    • Upgrading, for valid reasons, an unexecuted dishonorable discharge to a bad conduct discharge.
    • Substitution of an administrative form of discharge for a discharge or dismissal executed in accordance with the approved sentence of a court-martial.
    • Restoration to duty of an individual whose approved sentence does not include a punitive discharge or includes a punitive discharge that is either suspended or unexecuted.
    • Ensuring consistency in sentences for similar offenders, to the extent feasible.
    • Reenlistment of an individual whose approved sentence includes an executed punitive discharge.

Regarding prisoners confined in or released under supervision from military correctional facilities (MCFs), the ACPB has the authority to make determinations on the following:

• • • Approval of parole/Mandatory Supervised Release (MSR), including the establishment of general and specific conditions of supervision during the period of supervision.
    • Disapproval of parole/MSR.
    • Rescission of parole/MSR.
    • Suspension of parole/MSR.
    • Revocation of parole/MSR.
    • Advancement of parole eligibility.
    • Release from parole/MSR.

Clemency and parole eligibility dates are determined by the length of the adjudged sentence. For specific eligibility requirements, please refer to Army Regulation (AR) 15-130 and Department of Defense Instruction (DODI) 1325.7. Typically, the ACPB hears most cases approximately six to eight weeks after the prisoner’s Disposition Board, which is a preliminary hearing at the military facility.

Once the ACPB has reviewed a case and reached a final decision, the decision, along with the case file (usually electronically), is returned to the correctional facility. Staff members at the facility then notify the prisoner, who is responsible for informing their family members, friends, or representatives. In most cases, the case is returned to the facility within one to two weeks after the ACPB hearing. Victims and witnesses participating in the Victim and Witness program are notified by the facility’s Victim and Witness Coordinator, as required by AR 190-47, The Army Corrections System.

What is the Army Disability Rating Review Board (ADRRB) (Centralized Administrative Board)?

NOTE: This Board May Be Obsolete With the Adoption of the Integrated Disability Evaluation System.

What is the Army Physical Disability Appeal Board (APDAB) (Centralized Administrative Board)?

The Army Physical Disability Appeal Board (APDAB) operates as a vital component within the Army Review Boards Agency, focusing solely on cases where the U.S. Army Physical Disability Agency (USAPDA) issued a revision to the Soldier’s Physical Evaluation Board (PEB) findings and recommendations. The APDAB comes into play when the Soldier disagrees with the USAPDA revision and timely files an appeal. It is important to note that the Soldier cannot appeal to APDAB when the USAPDA makes an administrative correction to the Soldier’s case or when the USAPDA upholds the PEB findings and recommendations, unless the USAPDA previously returned the case to the PEB, resulting in an unfavorable revised decision for the Soldier. In the event of a USAPDA revision, the APDAB review represents the final level of appeal before the disposition of the Soldier’s case.

The APDAB’s primary task is to determine the following: 1) Whether the Soldier received a comprehensive and unbiased hearing; 2) Whether the proceedings adhered to relevant laws, Department of Defense (DOD) directives, and Army regulations; and 3) Whether the USAPDA revision is supported by the appropriate standard of evidence based on the category of determination.

Upon conducting a thorough review of the case, the APDAB may take one of the following actions, with its decision being final and not subject to the Soldier’s election or rebuttal: 1) Agree with the USAPDA revision and return the case to USAPDA for final processing; 2) Return the case to USAPDA for reconsideration; or 3) Disagree with the USAPDA revision and issue final findings to USAPDA.

If, during the initial review, the APDAB identifies issues or material evidence that it believes the USAPDA failed to adequately address or comment on in their revision, the case will be sent back to USAPDA for reconsideration. The APDAB will provide specific written issues that require USAPDA’s attention in their reconsideration. If the case does not require additional medical evidence, USAPDA will reconsider the case within seven days.

In the event that the APDAB modifies the USAPDA revision and it impacts ratings, disposition, or administrative findings, the APDAB must provide explicit findings and conclusions explaining the basis for its changes regarding all material issues of fact, law (including DOD directives and Army regulations), or discretion.

It is important to note that the APDAB does not possess final appellate review authority in the following scenarios: 1) The Medical Evaluation Board’s (MEB) determination of whether a Soldier meets the medical retention standards outlined in AR 40–501; and 2) A decision made by the Secretary of Defense (SECDEF) in accordance with 10 USC 1216, overturning the unfit finding for a general or Medical Corps officer. However, officers still maintain the right to APDAB review if they disagree with a USAPDA revision of their findings. A Soldier can appeal the APDAB decision to the Army Physical Disability Review Board (APDRB).

What is the Army Physical Disability Review Board (APDRB) (Centralized Administrative Board)?

The Army Physical Disability Review Board (APDRB) is a Centralized Administrative Board that offers individuals the opportunity to apply for disability pay eligibility review. If you are a current or former Army member who has been separated or retired from active duty in the past 15 years due to a physical disability without receiving pay, you may be eligible to submit an application to the APDRB. This board is responsible for reviewing decisions made by a previous board that denied your disability claim during your separation or retirement, and it possesses the same authority as the original reviewing board (retiring board, medical board, or other disposition board).

The APDRB consists of five Army officers, including a requirement for two members from the Army Medical Corps. To request a review, you must submit your application within 15 years from the date of your retirement or separation. The Board will thoroughly examine your Army records and any additional evidence you provide. Witnesses may present evidence in person or through written affidavits.

When submitting your application, please include a comprehensive letter containing your full name, rank, social security number, and contact information. Clearly state the reasons why you believe the Army should have granted you a disability separation or retirement. Attachments to your application should include a copy of your DD-214 and any supporting evidence, such as relevant medical records. Additionally, provide contact information for your representative, if applicable, and the witnesses you wish to call.

Once your application is received, a representative from the APDRB will contact you to schedule a board date. In case you want to confirm the receipt and processing of your application, kindly reach out to ARBA via email at army.arbainquiry@mail.mil. They will gladly assist you in verifying the status of your application if you have not received an acknowledgement letter.

After submitting your application and receiving acknowledgment from ARBA, you may appear before the APDRB in person or with the assistance of your own counsel at your own expense. Please note that appearing in person should be coordinated and scheduled with the agency/board in advance. Alternatively, an accredited representative from a Veterans Administration-recognized organization under Chapter 59 of Title 38, United States Code, may appear on your behalf, including a licensed military lawyer.

What is the Army Special Review Board (ASRB) (Centralized Administrative Boards)?

The Army Special Review Board (ASRB) reviews officer and enlisted Soldier’s performance evaluations  and operates in accordance with the guidelines outlined in AR 623–3, Evaluation Reporting System (14 June 2019). Comprising senior officers and NCOs, the ASRB is responsible for evaluating and acting upon appeals related to performance evaluations, including Officer Evaluation Reports (OERs), Noncommissioned Officer Evaluation Reports (NCOERs), and Academic Evaluation Reports (AERs).

Under the direct authority and supervision of the Army’s Director of Military Personnel Management, the President and Assistant President of the board are delegated the authority to make decisions on evaluation report appeals. A quorum of at least three board members is required to vote on each case, and board recommendations are determined by a majority vote. Whenever possible, at least one board member with a background similar to that of the appellant will review the case. No members who were personally involved in the case or have a known bias towards any party will participate in the voting process. Additionally, the voting members will typically hold a higher rank than the appellant.

The ASRB focuses on reviewing appealed evaluations that involve alleged bias, prejudice, inaccurate or unjust ratings, or any substantive matter (excluding administrative errors).

Once an appeal is resolved, the Headquarters, Department of the Army (HQDA) amends the rated Soldier’s records if deemed appropriate. In cases where the rated Soldier was non-selected for promotion, the ASRB also determines whether promotion reconsideration is warranted based on the changes made to the evaluation report. Substantive appeals must be submitted no later than three years from the evaluation report’s “Thru” date.

By adhering to these procedures and timelines, the ASRB ensures a fair and thorough review of performance evaluation appeals, striving to uphold the integrity and accuracy of the Army’s evaluation system.

What is the DA Suitability and Evaluation Board (DASEB) (Centralized Administrative Board)?

The Department of the Army Suitability Evaluation Board (DASEB) plays a crucial role in the review and evaluation of appeals related to unfavorable information in a Soldier’s Official Military Personnel File (OMPF), now AMHRR. Its primary objective is to assess appeals seeking the removal or relocation of unfavorable information to the restricted section of the OMPF/AMHRR. These actions are governed by Army Regulation (AR) 600-37, Unfavorable Information, which outlines the guidelines and procedures for service members to follow when submitting such appeals. By adhering to this regulation, service members can ensure their appeals are handled effectively and fairly by the DASEB.

What is the DA Conscientious Objector Review Board (DACORB) (Centralized Administrative Board)?

The Department of the Army Conscientious Objector Review Board (DACORB) is responsible for thoroughly reviewing applications for discharge or noncombatant status and providing recommendations to the Deputy Assistant Secretary of the Army (Review Boards) (DASA (RB)) regarding the applicant’s status. Army Regulation (AR) 600-43, Conscientious Objection, updated on March 22, 2023, governs the DACORB.

The Assistant Secretary of the Army (Manpower and Reserve Affairs) (ASA (M&RA)) is entrusted with the task of developing policies and criteria to effectively classify and process military personnel who assert conscientious objection to participating in war or bearing arms. Under the purview of the Deputy Assistant Secretary of the Army (Review Boards) (DASA (RB)), the Department of the Army Conscientious Objector Review Board (DACORB) operates as an integral component within the Army Review Boards Agency (ARBA). The DACORB is responsible for providing recommendations on all cases requesting discharge (1–O), as well as cases seeking noncombatant status (1–A–O) that do not fall under the authority of designated approval authorities. The DASA (RB) appoints a president to oversee the board and appoints board members to review applications.

The President of the Department of the Army Conscientious Objector Review Board (DACORB) assumes the crucial role of overseeing the daily operations of the Board. In addition, the President either serves as the presiding officer or designates one to carry out board proceedings, ensuring impartiality and fairness during the application review process. The President ensures that the Board comprehends its responsibility to issue recommendations to the Deputy Assistant Secretary of the Army (Review Boards) (DASA (RB)). Moreover, the President ensures that the presiding officer certifies the board’s vote as accurate and authentic. Applications lacking sufficient evidence to make an informed decision are returned by the President.

In line with the authority delegated by the Secretary of the Army, the DASA (RB) holds the ultimate decision-making power on cases where military personnel claim conscientious objection. They are responsible for notifying the respective chains of command of the decisions and serving as the final approval authority for all cases considered by the DACORB.

What is the Defense Office of Hearings and Appeals (DOHA) (Administrative Court)?

The Defense Office of Hearings and Appeals (DOHA), a prominent division within the Defense Legal Services Agency, plays a multifaceted role that includes conducting hearings, rendering decisions, and providing personnel security clearance services. Specifically, DOHA serves as the primary venue for hearings and decision-making concerning contractor personnel engaged in classified work for all Department of Defense (DoD) components, as well as 28 other Federal Agencies and Departments. Moreover, DOHA conducts personal appearance hearings and delivers decisions pertaining to security clearance revocation cases involving DoD civilian employees and military personnel.

In accordance with the Department of Defense Personnel Security Program, as outlined in DoD Manual 5200.02, both military personnel and civilian members of the Department of Defense have the right to appeal decisions made by the Defense Counterintelligence Security Agency Consolidated Adjudication Services (DCSA CAS) regarding the revocation of their security clearance eligibility, access to classified information, or denial of assignment to sensitive duties.

When an appeal is initiated, Administrative Judges from the Defense Office of Hearings and Appeals (DOHA) undertake a thorough review. They conduct personal appearances, adhering to the guidelines specified in DoD Manual 5200.02, and subsequently provide written recommended decisions to the Personnel Security Appeals Board of the appealing member’s respective component. DOHA ensures compliance with the established procedures and regulations throughout the personal appearance process.

What is the DoD Appeal Review Board (DARB) (Centralized Administrative Board)?

The DoD Appeal Review Board (DARB) was established by Congress in the Fiscal Year 2020 National Defense Authorization Act and serves as the final level of administrative review within the Department of Defense. It acts as the appellate authority for the Service Component Board of Correction for Military Records or Naval Records, which includes the Army Board of Correction for Military Records (ABCMR). It is important to note that there are no provisions for further administrative appeal or reconsideration of the DARB’s recommendations or the Secretaries’ final actions. The Department of Defense has designated the Air Force as the lead agency responsible for executing and operating the DARB process.

Prior to the consideration of DARB members, the DARB intake personnel carefully review each request to ensure its eligibility for DARB review. They verify the following criteria:

• • • The petitioner received a discharge characterization that was less than Honorable or received a dismissal.
    • The petitioner has exhausted all available administrative remedies, including the appropriate discharge review board and BCM/NR (Board of Correction for Military Records/Naval Records).
    • The discharge review board and BCM/NR determined that the petitioner was either denied an upgrade in the characterization of discharge or dismissal or partially granted an upgrade by the BCM/NR. For instance, if the petitioner requested an upgrade to an Honorable characterization but received an upgrade to a General, Under Honorable Conditions characterization.
    • The petitioner was separated from military service on or after December 20, 2019.

In cases that do not meet the criteria for DARB review, the petitioner will receive written notification explaining the reasons why their request did not qualify. If a request includes new information, the DARB will inform the petitioner that they must first seek reconsideration from the BCM/NR and Discharge Review Boards, as appropriate, in order to exhaust their administrative remedies and become eligible for DARB review. Until a DoD Instruction is drafted by the May 5, 2024 deadline, the Directive-type Memorandum 23-006 – “DoD Discharge Appeal Review Board” dated May 5, 2023, provides the latest guidance on the DARB Review.

What is the DoD Physical Disability Board of Review (PDBR) (Centralized Administrative Board)?

The Department of Defense (DoD) Physical Disability Board of Review (PDBR) was established by Congress in 2008 and implemented by the DoD in 2009. If you were medically separated from the U.S. military between September 11, 2001, and December 31, 2009, you now have the opportunity to request a review of your disability rating by the DoD PDBR to ensure fairness and accuracy. The DoD PDBR’s main purpose is to reevaluate the combined disability ratings of service members who were discharged during that period and received a rating of 20% or less, with the aim of ensuring accuracy and fairness in the disability determination process.

How can the Law Office of Will M. Helixon Assist a Soldier Who is Appealing to an Army Centralized Administrative Board?

In the majority of Adverse Administrative Actions, some level of due process is provided. This can range from receiving notice of a local board hearing and the right to a personal appearance, allowing the Soldier to cross-examine witnesses, to reviewing the evidence against them and providing a written response. Adverse administrative actions cannot take place without notifying the Soldier. However, if the initial process of challenging the Adverse Administrative Action proves unsuccessful, either in writing or at a local board, and the Soldier receives “bad paper” or faces an involuntary separation from the Army, they retain the right to appeal the decision to a Centralized Administrative Board. Furthermore, Soldiers have the right to hire civilian counsel to represent them in these appeals.

When “bad paper” has been filed in your official file (AMHRR) or you have been separated by a local administrative board, it’s important to remember that your rights don’t end there. You have the opportunity to appeal the action to one or more Army Centralized Boards with the aim of removing the “bad paper” or seeking reinstatement into the service.

These requests follow a local board or adverse administrative action where you had the chance to respond. Since you’ve already had an opportunity to present your case, the Army Centralized Board will generally give deference to the original findings made by the local board or the general officer who directed the filing in AMHRR. However, constructing a persuasive, compelling, and factually accurate appeal to a Centralized Board is your best chance to reverse this decision. The military lawyers at the Law Office of Will M. Helixon possess a wealth of knowledge and experience in assembling an appeal packet with evidence, statements, documents, and legal arguments to convince a reviewing Centralized Administrative Board to reconsider the previous findings and reverse the filing decision or involuntary separation. It is crucial for the Soldier to act swiftly and immediately contact the Law Office of Will M. Helixon to initiate the appeal process. Call us today to take decisive action.

At the Law Office of Will M. Helixon, we will thoroughly review your case file and, when appropriate, re-interview witnesses, seek out and interview additional witnesses, compile your mitigation evidence, and meticulously package your appeal to the Centralized Administrative Board. We leave no stone unturned in our effort to reverse the adverse administrative action being appealed to the Centralized Administrative Board.

Don’t leave your future in uncertain hands. Contact the Law Office of Will M. Helixon today to commence the process of crafting your appeal to the appropriate Army Centralized Board in order to reverse the Adverse Administrative Action taken by the local board or convening authority. It’s your future, and it deserves the best possible chance at reversing the prior adverse action. Call now to schedule your free initial consultation and initiate the process of perfecting your Centralized Administrative Board appeal.

More about the Law Office of Will M. Helixon.

Will M. Helixon established the Law Office of Will M. Helixon in February of 2016.  Originally headquartered in Kansas City, Missouri, the firm’s original mission was to defend members of the military in courts-martial, adverse administrative proceedings and other criminal proceedings. Today, the firm has worked as military lawyers in multiple complex and high-profile military cases.  The firm now handles most military matters, including medical issues involving the MEB/PEB process, adverse administrative matters, military justice matters including Nonjudicial Punishment, Administrative Separation Boards, and Boards of Inquiry, and legal assistance matters, including rebutting GOMORs, responding to QMP Boards, fighting attempts to revoke Soldier’s security clearances, and submitting matters for the correction of military records.  The firm also assists officers navigate the minefield of findings of adverse information (AAIP) in AR 15-6 Investigations (command directed investigations), Selection Boards (Promotion Boards), Special Selection Boards, and Special Selection Review Boards (SSRB).  No longer in Kansas City, the firm now has European offices physically located in Vilseck, Germany and in Wiesbaden, Germany.  Call us today to assist with your legal issue in Europe, Germany, or the United States.  All military lawyers at the Law Office of Will M. Helixon maintain licenses to practice before all military trial courts.