Overview of Discharge Review Boards

Not all discharge decisions are inherently final. Pursuant to federal law, each military branch maintains a Discharge Review Board (DRB) that meets regularly to review submissions and hear oral arguments in favor of applicants. Veterans seeking a discharge upgrade may, within 15 years of their military discharge, petition one of the following DRBs:

MJA has successfully helped veterans upgrade their discharge characterization of service and reason for separation. Contact our military defense lawyers now to learn more.

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What Can the DRBs Consider?

The DRBs are authorized to reconsider discharges not ordered by a sentence of a general court-martial and non-medical in nature; upgrade characterizations of service; issue re-enlistment codes; and restore rank as a matter of propriety, equity, and fairness.

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Who Is Eligible to Apply?

Current and former members of the United States Military (including Reserve personnel) may apply for a correction of an error or removal of an injustice in their official military record.

If a former service member is deceased or incompetent, the member’s spouse, widow or widower, next of kin (parent, sibling, or child), or legal representative can apply for the service member.

How Do I Apply?

To apply, applicants must submit a completed DD Form 293 form containing the veteran’s personal information, requested correction, justification for the request, and whether they are requesting an in-person hearing, among other details. Applicants may attach documents in support of their application.

The burden of proof to show either an error or injustice rests with the applicant. Absent evidence to the contrary, the DRB will presume that the military record was appropriate and in compliance with service regulations.

Is There Any Risk to Applying?

No, the DRBs cannot make anything worse in an applicant’s service record; they can only improve it.

How Long Does the Process Take?

The DRBs process thousands of applications a year. As a result, an applicant should expect to wait as long as 18 months before the board rules on their case. This wait, however, can vary between the service branches.

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What Is Liberal Consideration?

On September 3, 2014, the Secretary of Defense issued a memorandum guiding the correction boards as they consider petitions brought by veterans claiming Post Traumatic Stress Disorder (PTSD) with other than honorable conditions discharge. This includes a comprehensive review of all materials and evidence provided by the applicant. This policy was issued to make the application process easier for veterans seeking redress and assists the boards in reaching fair and consistent results in these cases.

The guidance also mandates liberal waivers of time limits, ensures timely consideration of petitions, and allows for increased involvement of medical personnel in board determinations. Liberal consideration also applies to requests by veterans for a discharge upgrade due to mental health conditions (including Traumatic Brain Injury), sexual assault, or sexual harassment.

Former Military Judge Advocates United By Service

Our 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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Case Results We’ve been in the fight & know how to win

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TITLING APPEAL

Naval Criminal Investigative Service (NCIS). Appeal granted from Marine titled and indexed for sexual assault allegations.

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DISCHARGE UPGRADE

Naval Discharge Review Board (NDRB). Marine Separated for Refusing COVID-19 Vaccine Upgraded to Honorable.

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DISCHARGE UPGRADE

Army Discharge Review Board (ADRB). Army Specialist (E-4) Separated for DUI Upgraded to Honorable.

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DISCHARGE UPGRADE

Board for Correction of Naval Records (BCNR). Sailor Discharged Over 30 Years Ago With OTH Upgraded to Honorable.

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DISCHARGE UPGRADE

Army Discharge Review Board (ADRB). Army Specialist (E-4) With General Discharge Upgraded to Fully Honorable.

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BCNR REMOVES NJP

Board for Correction of Naval Records (BCNR). BCNR Removes NJP and 6105 for Marine Arrested for DUI.

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COVID-19 VACCINE EXEMPTION GRANTED

United States Merchant Marine Academy. Midshipman granted religious exemption from COVID-19 vaccine.

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DISCHARGE UPGRADE

Army Discharge Review Board (ADRB). Army Private (E-1) Separated With an OTH Upgraded to General.

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DISCHARGE UPGRADE

Army Discharge Review Board (ADRB). Army Private (E-1) Discharged with OTH Receives Upgrade to General (Under Honorable Conditions).

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TITLING EXPUNGED

Board for Correction of Naval Records (BCNR). BCNR Direct Expungement of Article 120 Titling for Chief Petty Officer.

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What if I Was Discharged Under Don’t Ask, Don’t Tell?

On September 20, 2011, the Under Secretary of Defense issued a policy addressing how service boards of correction should review applications to correct the records of individuals discharged under DADT or a similar policy in place before DADT. Boards were directed to normally grant requests to change narrative reasons of discharge, characterization of discharges, and re-entry codes of individuals, provided the following two conditions are met:

  • The original discharge was based solely on DADT or a similar policy in place before the enactment of DADT; and
  • There were no aggravating factors in the record, such as misconduct.

The policy directs that an honorable or general discharge should be considered absent aggravating factors.

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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Contact Us Today

MJA has proudly helped veterans successfully upgrade their discharge characterization of service. Our skilled attorneys can comb through your military record and build the strongest case possible for your discharge upgrade. Contact us today for a consultation.

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.

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