Recover Pride in Service Act

Section 527 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 10 U.S.C. 1552 note) is amended—

(1) in subsection (a)—

(A) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B);

(B) by inserting (1) before In accordance; and

(C) by adding at the end the following new paragraphs:

(2) Notwithstanding section 1552(a)(3)(B) of title 10, United States Code, the appropriate board may not require a covered member to submit any documentation as a condition precedent to a review under paragraph (1).

Such section is further amended—

(1) by redesignating subsection (d) as subsection (f); and

(2) by inserting, after subsection (c), the following new subsections:

Not later than 60 days after the date of the enactment of the Recover Pride in Service Act, the Secretary of Defense shall establish an outreach unit.

The commander of the unit established under this subsection shall be an officer in a grade above O–3.

The unit established under this subsection shall conduct outreach to inform covered members of the right to request a review under subsection (a). In performing such outreach, the unit commander may coordinate with stakeholders including the following:

(A) The Secretary of Veterans Affairs.

(B) The Archivist of the United States.

(C) Representatives of organizations recognized by the Secretary of Veterans Affairs under section 5902 of title 38, United States Code.

(D) Other individuals determined appropriate by the unit commander.

Not later than 60 days after the date of the enactment of the Recover Pride in Service Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report identifying the unit commander and 30 members of the unit established under this subsection.

Not later than 60 days after the date of the enactment of the Recover Pride in Service Act, the Secretary shall submit to the Committees on Armed Services of the Senate and House of Representatives a plan regarding outreach to be conducted by such unit. Such plan shall include the following:

(i) How the unit shall identify and contact covered members.

(ii) An allocation of responsibilities among the unit and external stakeholders for executing the plan.

(iii) A schedule for the implementation, execution, and completion of the plan, along with any necessary funding, personnel, or resources required for its successful implementation.

Not less than every 90 days after the submission of the plan under subparagraph (B), the commander of such unit shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on the activities of the unit during the preceding 90 days.

Not later than three years after the date of the enactment of the Recover Pride in Service Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a final report on the unit. Such report shall include the following:

(i) The number of covered members.

(ii) The number of covered members contacted through the outreach efforts of the unit.

(iii) The number of covered members who requested a review under subsection (a) before and after the date of the enactment of the Recover Pride in Service Act.

(iv) The number of covered members described in clause (iii), whose discharge characterization was upgraded to honorable.

(v) The number of former members of the Armed Forces whose discharge characterizations have been upgraded to honorable since September 20, 2011.

The unit shall terminate upon submission of the final report under paragraph (4)(D).

The Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives four annual reports on the determination of the Secretary regarding the consistency of reviews under subsection (a). The first such report shall be due not later than one year after the date of the enactment of the Recover Pride in Service Act.

The Department of Defense shall upgrade all discharges based solely on account of sexual orientation to an honorable discharge.

(b) Section 527 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 10 U.S.C. 1552) is amended—

(1) by striking paragraph (b) and inserting the following:

(b) No correction may be made under subsection (a)(1) unless a claimant (or claimant’s heir, spouse, or legal representative) or the Secretary concerned files a request for correction. The Secretary concerned may file a request for correction of a military record of their own accord or if the request is made on behalf of a group, members, or former members of the Armed Forces who were harmed by the error or injustice being claimed. A board established under subsection (a)(1) may excuse a failure to file within three years after discovery if it finds it to be in the interest of justice, and may not impose a year limit from when the claimed error or injustice occurred or was discovered as it relates to individuals discharged on the basis of sexual orientation.

(2) by inserting after subparagraph (a)(3)(A) the following:; and

(i) There must be established a procedure within each military department to upgrade all discharges based solely on sexual orientation, without requiring affected veterans to request such an upgrade.

(3) by inserting after subparagraph (a)(3)(D) the 27 following:

(i) Any request for reconsideration denied prior to January 1, 2025, regarding a claim pertaining to a discharge based on sexual orientation, must be revisited by the respective board.

(c) No later than five years after the date of the enactment of this Act, the Secretary of Defense shall have approved the upgrade of all discharges which were based on sexual orientation.

(d) The Secretary of Defense shall provide Congress an annual report on the progress of upgraded discharges.