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Don’t Ask, Don’t Tell Discharge

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

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

Repeal of Don’t Ask, Don’t Tell

On September 20, 2011, Congress repealed the policy known as Don’t Ask, Don’t Tell (DADT). Prior to its repeal, DADT allowed for service members to be discharged for homosexual conduct. Once the policy ended, the Department of Defense implemented a policy allowing for veterans who were discharged under DADT to have their discharges reviewed.

Under the new policy, Boards are directed to normally grant requests to change narrative reasons of discharge, characterization of discharges, and re-entry codes of veterans if two conditions are met:

  • The original discharge was based solely on DADT or a similar policy in place prior to 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.

Why Hire an Attorney?

The skilled attorneys at Military Justice Attorneys can comb through your military record and build the strongest case possible for your discharge review. While discharge as a result of homosexual misconduct under DADT is a good argument to have you record corrected, the safest way to seek relief is to build a strong case from multiple angles. This is particularly necessary when the service member’s discharge is not based solely on DADT or similar policy.

Contact us Today

MJA has proudly helped veterans successfully upgrade their discharge characterization of service. Contact us today for a consultation.

What Our Clients Say

  • "He is an articulate pitbull in the courtroom."

    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
  • "It Was Like a Scene From a Movie"

    The results I received from the board was the best possible outcome in my favor and saved my career and my family’s future.

    - Master Sergeant, USAF
  • "I trusted him with my career on the line, and he was outstanding."

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

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

    - Corporal, USMC

Our Battles Won

Results Matter. When your career, reputation, and freedom are on the line, you need an experienced law firm in your corner. With more than 75 years of combined legal experience, the attorneys at MJA know how to fight and win. Our results speak for themselves.

  • "NOT GUILTY"

    Fort Cavazos, Texas. Army Staff Sergeant Acquitted of Murder at General Court-Martial After Deadly Shooting Incident in Texas.

  • "NOT GUILTY" "NOT GUILTY"

    Quantico, Virginia. Marine Corporal (E-4) Acquitted at Court-Martial of Wrongful Drug Use After Positive Urinalysis.

  • "NO BASIS"

    Joint Base Pearl Harbor-Hickman, Hawaii. Administrative Discharge Board Finds “No Basis” for Alleged Senior Leader Misconduct.

  • "NOT GUILTY" Fort Cavazos, Texas

    Fort Hood, Texas. Army Private Second Class (E-2) Acquitted of Rape and Sexual Assault Charges After Week-Long Trial.

  • "NOT GUILTY" Parris Island, South Carolina

    Parris Island, South Carolina. Marine Staff Sergeant (E-6) Acquitted at Court-Martial of Hazing, Blood Striping, and Pinning.

  • "NOT GUILTY" "NOT GUILTY"

    Kings Bay, Georgia. Navy Master-at-Arms Found Not Guilty of Unholstering Firearm and Pointing it at Another Sailor.

  • "NOT GUILTY" "NOT GUILTY"

    Spangdahlem Air Base, Germany. Senior Airman (E-4) Accused of Rape and Abusive Sexual Contact Acquitted by Military Judge.

When Your Career 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.

Start Your Case Review Contact Us Today

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