New York City Council Header
File #: Int 1218-2018    Version: * Name: Creation of a discharge upgrade assistance unit at the department of veterans’ affairs.
Type: Introduction Status: Laid Over in Committee
Committee: Committee on Veterans
On agenda: 11/14/2018
Enactment date: Law number:
Title: A Local Law to amend the administrative code of the city of New York, in relation to the creation of a discharge upgrade assistance unit at the department of veterans' affairs
Sponsors: Chaim M. Deutsch
Council Member Sponsors: 1
Summary: This legislation would require the department of veterans services to create a unit to assist veterans with discharge characterization upgrades and offer non-binding advisory opinions on meritorious appeals upon request. The department would also engage in outreach and education efforts to inform veterans about the discharge characterization upgrade process and the newly established unit.
Attachments: 1. Summary of Int. No. 1218, 2. Int. No. 1218, 3. November 14, 2018 - Stated Meeting Agenda with Links to Files, 4. Committee Report 11/26/18, 5. Hearing Testimony 11/26/18, 6. Hearing Transcript 11/26/18
Date Ver.Prime SponsorAction ByActionResultAction DetailsMeeting DetailsMultimedia
11/26/2018*Chaim M. Deutsch Committee on Veterans Hearing Held by Committee  Action details Meeting details Not available
11/26/2018*Chaim M. Deutsch Committee on Veterans Laid Over by Committee  Action details Meeting details Not available
11/14/2018*Chaim M. Deutsch City Council Referred to Comm by Council  Action details Meeting details Not available
11/14/2018*Chaim M. Deutsch City Council Introduced by Council  Action details Meeting details Not available

Int. No. 1218

 

By Council Member Deutsch

 

A Local Law to amend the administrative code of the city of New York, in relation to the creation of a discharge upgrade assistance unit at the department of veterans’ affairs

 

Be it enacted by the Council as follows:

 

Section 1. Title 31 of the administrative code of the city of New York is amended by adding a new section 31-106 to read as follows:

§ 31-106 Discharge Upgrade Assistance Unit. a. Definitions. For the purposes of this

section the following terms have the following meanings:

Veteran. The term “veteran” means a person who has served in the active military or

naval service of the United States and who has been released from such service otherwise than by dishonorable discharge, or who has been furloughed to the reserve.

b. The department shall create a unit to assist veterans with discharge characterization

upgrades, changes of narrative reasons for discharge, and changes of separation and separation program designator codes and changes of reentry/reenlistment, where there are no aggravating factors related to the discharge. Such assistance shall be provided by legal counsel or an accredited representative of an organization recognized under section 5902 of title 38 of the United States code or successor provisions.

                     c. Upon request and where the unit deems it meritorious, the unit may provide non-binding opinions to veterans on their discharge characterization upgrade appeal that veterans may then submit as evidence with their claim. Where the unit does not deem a claim meritorious, it must inform the veteran, in writing, the reason for its opinion.

d. The department shall make available on its website, at a minimum, information about such discharge upgrade assistance unit, including services offered, the possibility of issuing non-binding opinions for meritorious appeals, and general information on discharge characterization upgrades including any applicable federal or state services available. 

e. The commissioner, in consultation with any agencies identified by the mayor, shall establish and engage in outreach and education efforts to inform veterans about discharge characterization upgrades and the existence of the discharge upgrade assistance unit.                     

f. The commissioner may promulgate such rules as may be necessary to carry out the purposes of this section.

§ 2. This local law takes effect 120 days after it becomes law.

 

 

 

 

 

 

 

 

 

NJC

LS 8653

10/25/2018