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Defending Those Who Defend Us ®

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On September 20, 2011, Congress repealed the policy known as Don’t Ask, Don’t Tell (DADT).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 free consultation.

What Our Clients Say

  • "Best Experience-Best Outcome-Best Service."

    The relief we felt when we received that phone call from Joshua Hill was something I cannot even describe. If you want someone who will communicate with you and for you, fight for you, and extremely professional, hire Joshua Hill.

    - Lori
  • "Recommending, advising and informing!"

    If you are looking for an attorney who will listen to your concerns and feel that he is personally and professionally invested in results, Joshua Hill is your attorney. I was astonished by the level of knowledge Mr. Hill possesses while proving he is strat

    - Kerri
  • "Experienced, responsive, and knowledgeable."

    mmediately upon my retaining Mr. Healy he was there, accessible, through phone and text, explaining to me all the answers of the questions I had about the intimidating arena I had just been forced into. He replied to all of my concerns thoroughly and speci

    - Tyler
  • "Honest and Amazing Attorney."

    I called Mr.Hill and talking with him, he was very respectful, professional and most of all honest. Whenever I had a question, Mr. Hill was very accurate and informative during the whole process.

    - Rodney
  • "An Excellent Lawyer!"

    Gerald Healy represented my son in a very serious court martial case. He walked with us each step of the way from the beginning to the end. He put in numerous hours and left no stone overturned when working on my son’s case.

    - Anonymous

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.

  • FULL ACQUITTAL

    Camp Pendleton, CA. Marine charged with sexually assaulting a dependent spouse was found not guilty after MJA obtained DNA testing.

  • FULL ACQUITTAL FULL ACQUITTAL

    Fort Stewart, GA. Army Staff Sergeant fully acquitted of larceny and solicitation to commit larceny of government property.

  • CHARGES DISMISSED WITH PREJUDICE CHARGES DISMISSED WITH PREJUDICE

    Fort Campbell, KY. Sexual assault charges dismissed with prejudice after MJA exposed government discovery violations.

  • FULL ACQUITTAL FULL ACQUITTAL

    Spangdahlem Air Base, Germany. Senior Airman falsely accused of committing rape and sexual assault against a fellow service member. Not guilty verdict was returned with 30 minutes of deliberation.

  • FULL ACQUITTAL FULL ACQUITTAL

    Kings Bay, GA. Navy Master-at-Arms found not guilty of allegedly unholstering firearm and pointing it at another Sailor.

  • CHARGES DISMISSED CHARGES DISMISSED

    Fort Johnson, LA. Army Specialist charged with multiple sexual assaults released from confinement and had charges dismissed due to false allegations.

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.

For A Free Consultation Contact Us Today

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