A Second Chance to Restore Your Record

A less-than-honorable discharge can affect nearly every part of your life. Veterans in Kentucky often face difficulties accessing VA benefits, securing employment, or overcoming the stigma attached to an unfair or outdated discharge.

Military Justice Attorneys—a team of former Marine Corps Judge Advocates—represents veterans across the country seeking justice through the discharge review and correction process. Whether your case involves procedural errors, overlooked medical conditions, or mitigating circumstances never fully considered, a skilled military discharge attorney in Kentucky can help you pursue the upgrade you deserve.

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What Is a Discharge Upgrade?

A discharge upgrade is a formal request asking the Military Discharge Review Board or a Board for Correction of Military Records to change the characterization of your service to a more favorable status. These boards evaluate whether your discharge was fair, lawful, and consistent with military standards. The statutory authority governing discharge review boards is established under federal law at https://www.law.cornell.edu/uscode/text/10/1553, while correction boards operate under 10 U.S.C. § 1552, available at https://www.law.cornell.edu/uscode/text/10/1552.

Cases may involve mental health conditions such as PTSD or TBI, experiences of sexual assault or harassment, discrimination, or other unjust actions. Department of Defense guidance—including DoD Instruction 1332.28, which governs discharge review procedures—is published at https://www.esd.whs.mil/DD/. A knowledgeable Military Discharge Review Board attorney in Kentucky can help identify which board to file with and build the strongest possible argument for relief.

The Benefits of Working With a Military Defense Attorney for Discharge Upgrades

  • Experienced Guidance on Board Selection and Eligibility - An attorney helps determine whether your case belongs before the Discharge Review Board or the Board for Correction of Military Records, ensuring your request is filed properly and supported by strong legal grounds.
  • Thorough Preparation of Evidence and Supporting Documents - A discharge upgrade lawyer in Kentucky can gather service records, medical documentation, witness statements, and expert opinions to present a compelling narrative that aligns with board standards and DoD policy.
  • Strategic Representation Tailored to Your Case - Your attorney analyzes procedural errors, mitigating factors, and legal arguments to demonstrate why your discharge was unjust or inequitable, strengthening your chances of a successful upgrade.
  • Long-Term Advocacy for Benefits and Record Correction - A military discharge lawyer in Kentucky can assist with follow-on actions such as correcting performance records, restoring benefits, or appealing adverse decisions, ensuring your upgraded status has its full intended effect.
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Is a Discharge Upgrade Relevant to My Situation?

A discharge upgrade may be appropriate if your separation involved an Other Than Honorable, General (Under Honorable Conditions), or Bad Conduct characterization. Many Kentucky veterans pursue upgrades due to issues such as command errors, lack of legal counsel during separation, medical conditions that were not properly considered, or experiences of trauma—such as combat stress, sexual assault, or harassment—that contributed to the circumstances of their discharge.

You may also qualify if the policy in place at the time of your discharge has since changed, particularly regarding mental health, sexual orientation, or discrimination issues. If you believe your discharge does not accurately reflect your service, a military administrative discharge attorney in Kentucky can help evaluate your eligibility.

Former Military Judge Advocates United By Service

Our discharge upgrade attorneys are all former military officers who served on active duty. We work as a team on your case, leveraging each of our attorneys’ unique perspectives and vast experience to win on your behalf.

Gerry Healy

Owner and Founder

Gerry founded Military Justice Attorneys to provide service members with principled, trial-tested defense rooted in firsthand experience inside the military justice system.

  • Former Judge Advocate in the U.S. Marine Corps
  • Recognized Criminal Defense Attorney and Litigator
  • Represents Military Community in Complex Mass Torts
Gerry Healy

Josh Hill

Managing Partner

Josh oversees the firm’s military justice practice, bringing a strategic and detail-driven approach to complex litigation, appeals, and high-stakes administrative matters.

  • Former Military Prosecutor and Defense Counsel
  • Admitted to Practice in all Military Appellate Courts
  • Burton Award for Distinguished Legal Writing
Josh Hill

Chip Hodge

Partner

Chip draws on senior-level military justice experience to advise and defend service members facing courts-martial, investigations, and career-altering administrative actions.

  • Retired Marine Lieutenant Colonel
  • Served as Deputy SJA, Marine Forces Reserve
  • Deployed to Afghanistan in Support of OEF
Chip Hodge

Paul represents contractors injured while working overseas in support of US agencies and forces, combining significant litigation experience with a deep commitment to helping injured workers.

  • Former Major in the U.S. Marine Corps
  • Admitted to the Bar in South Carolina, Georgia, and Illinois
Paul Murray

Jon Shelburne

Senior Counsel

Jon brings decades of courtroom and appellate experience, focusing on serious criminal allegations and complex military justice matters worldwide.

  • 30+ Years of Trial Experience
  • Co-Chair, Veterans Committee for Texas Criminal Defense Lawyers Association
Jon Shelburne

Amy Thomas

Of Counsel

Amy provides strategic counsel on military and employment-related matters, informed by senior leadership experience and advanced legal training.

  • Retired Lieutenant Colonel in the U.S. Marine Corps
  • Master's in Jurisprudence in Labor & Employment Law
Amy Thomas
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The Discharge Upgrade Process What to Expect

1. Case Review and Record Analysis

Your attorney reviews your service history, separation documents, medical records, and any disciplinary actions. This step identifies errors, omissions, or mitigating factors that support your request for relief.

2. Determining the Proper Board and Filing Strategy

Depending on the type of discharge, its age, and the circumstances surrounding it, your attorney decides whether to file with the Military Discharge Review Board or the correction board. Proper board selection is essential for success.

3. Preparing the Submission Package

Your attorney gathers statements, expert evaluations, documentation of mental health conditions, and any evidence demonstrating injustice or inequity. This forms the foundation of your written submission under standards published by the Boards of Correction and DoD review memoranda.

4. Hearing Representation or Written Advocacy

Some cases qualify for personal appearances before a review board, while others rely on written submissions. A military administrative discharge defense attorney helps determine which approach best strengthens your case.

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After Your Discharge Upgrade What Comes Next

A successful upgrade can restore VA benefits, improve employment opportunities, and correct long-standing inaccuracies in your military record. Veterans may also pursue additional actions, such as correcting evaluation reports, awards, or adverse paperwork.

If your upgrade is denied, your attorney may help with reconsideration, supplemental submissions, or escalation to a higher board. Military Justice Attorneys remain committed to supporting clients through each stage of the post-review process, ensuring your rights and service are fully respected.

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Client Testimonials Their Words. Their Cases. Their Results.

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"The Government Came to Bury Me, Josh Hill Buried Their Case Instead"

If you’re reading this review,...

"If you’re reading this review, there’s a fair chance you’re in trouble with the military. The answer is YES—hire Josh Hill. He is worth every penny and more. Don’t gamble with your VA benefits, your military pension, or your freedom. You only get one shot at defending your future. Trust me, this is the guy you want in your corner. When I first hired Josh Hill as my civilian military lawyer, I was staring down a mountain: 28 specifications across 6 charges in a military court-martial. The government basically made a giant mud ball, threw it at the wall, and waited to see what would stick. The stakes couldn’t have been higher—my freedom, my career, my reputation, and my benefits were all on the line. But from day one, Josh brought unmatched experience, surgical strategy, and a level of confidence that gave me hope when I needed it most. Josh Hill is a master of his craft. He navigated the UCMJ like a seasoned warrior—dissecting every allegation, exposing every weakness in the government’s case, and challenging every false assumption thrown my way. His preparation was meticulous, his presence in court was commanding, and his cross-examinations were absolutely relentless. He left no stone unturned and no argument unanswered. Because of Josh’s leadership, we went from what felt like an impossible situation to walking out of that courtroom not guilty on all charges. That wasn’t just a win—it was a total and complete vindication. And it’s 100% because of Josh Hill’s commitment, brilliance, and refusal to let the government steamroll me. Josh Hill didn’t just defend me—he saved my life. I will forever be in his debt for the sacrifices he made and the time he dedicated to my case. One last note: When he calls—ANSWER IT. Drop what you're doing, it can wait. That phone call might be the one thing that changes your future. If you want to hear my story firsthand, Josh has my permission to give you my contact info. I’ll gladly tell you exactly how he absolutely destroyed the government’s case, so I can continue with my life."
-STAFF SERGEANT, USMC

"He is an articulate pitbull in the courtroom."

My career, my life, my futu...

I know Mr Healy quite well. He represented me in a case where the odds were stacked against me. This was the most difficult time of my life considering some other circumstances that were added on. However, he fought for me tooth and nail even though his caseload was very high at the time. It seemed he devoted every ounce of effort to find me justice and in the end, because of his efforts, I was fully acquitted of several charges.

I will never forget that feeling for as long as I live. Upon the announcement of the verdict I nearly collapsed. My career, my life, my future was completely in his hands and he took it as seriously as I did. He is an articulate pitbull in the courtroom. I highly recommend his services if you expect to have any chance of seeing the justice you truly deserve.

-Corporal, USMC

"Mr. Hodge was relentless in his defense of me"

Mr. Hodge was relentless in hi...

Mr. Hodge was relentless in his defense of me . . . and absolved me of any wrongdoing under the UCMJ.
-Corporal, USMC

"His dedication to me as a client was unprecedented."

Josh is a hard nosed and dedic...

Josh is a hard nosed and dedicated attorney that will stand by you every step of the way in your defense. His dedication to me as a client was unprecedented.
-Staff Sergeant, USA

"I would hire them again in a heartbeat."

Gerry and Josh are absolute pr...

Gerry and Josh are absolute professional monsters in the courtroom. I would hire them again in a heartbeat and wouldn’t want anyone else in my corner!
-Private First Class, USA

"I trusted him with my career on the line, and he was outstanding."

Mr. Hill tore apart the govern...

Mr. Hill tore apart the government's theory piece by piece . . . I trusted him with my career on the line, and he was outstanding.
-Petty Officer Third Class, USN

"I would not want my fate in anyone else’s hands."

Gerry Healy is an outstandi...

Gerry Healy is an outstanding attorney. In the courtroom he is confident, knowledgeable, and aggressive. I would not want my fate in anyone else’s hands.
-Airman First Class, USAF
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Why Choose Military Justice Attorneys?

Deep Military Justice Experience

Our firm consists entirely of former Marine Corps Judge Advocates with decades of combined experience navigating discharge upgrades, administrative appeals, and correction board procedures.

Proven Results and Strategic Advocacy

We have represented veterans nationwide in complex, sensitive, and high-stakes discharge cases, building compelling submissions that align with board expectations and DoD policy.

Dedicated Support for Veterans

Clients receive direct access to an attorney, responsive communication, and a team approach that ensures every detail of your case is carefully evaluated and supported.

Together, these strengths make Military Justice Attorneys a trusted military discharge upgrade attorney in Kentucky for veterans seeking to correct their records and restore their standing.

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Discharge Upgrade Attorney Serving Kentucky FAQs

How long does the discharge upgrade process take?

Most cases take six months to a year, depending on board backlog and the complexity of the case. Correction board petitions may take longer due to additional review requirements.

Can I request an upgrade even if decades have passed?

Yes. Many veterans successfully obtain upgrades years or decades after separation. Eligibility depends more on the facts and fairness of your discharge than on time alone.

Does a discharge upgrade automatically restore VA benefits?

Not always. The VA conducts its own character-of-service determination, but an upgrade can significantly strengthen your eligibility for benefits and compensation.

Can mental health conditions like PTSD or TBI help my case?

Yes. DoD guidance requires boards to give liberal consideration to cases involving mental health conditions, sexual assault trauma, or related mitigating factors when evaluating discharge characterizations.

What if the board denies my request?

You may be able to submit a reconsideration, appeal to a higher board, or supplement the record with new evidence. An attorney can help determine your next steps.

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Reclaim Your Record and Your Future

Schedule your confidential consultation today and speak with a discharge upgrade lawyer in Kentucky about restoring the honor and benefits you earned through your service.

Contact Us When Your Future Is On The Line

Our decentralized approach to military defense ensures that we can represent service members from any branch of the military, of any rank, at any military base or installation stateside or abroad.

Available 24/7 to Help Anyone in the World

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