Military Mental Health Review
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:
- Air Force Discharge Review Board (AFDRB)
- Army Discharge Review Board (ADRB)
- Coast Guard Discharge Review Board (CGDRB)
- Naval Discharge Review Board (NDRB)
MJA has proudly helped veterans successfully upgrade their discharge characterization of service. Contact our military defense lawyers now to learn more.
Mental Health Conditions
On August 25, 2017, the Department of Defense issued clarifying guidance to Military Discharge Review Boards and Boards for Correction of Military/Naval Records regarding requests by veterans for a discharge upgrade due to mental health conditions (including PTSD and TBI), sexual assault, or sexual harassment.
Requests for discharge relief typically involve four questions:
- Did the veteran have a condition or experience that may excuse or mitigate the discharge?
- Did that condition exist/experience occur during military service?
- Does that condition or experience actually excuse or mitigate the discharge?
- Does that condition or experience outweigh the discharge?
The new guidance explained that “liberal consideration” would be given to veterans petitioning for discharge relief when the application for relief was based in whole or in part on matters relating to mental health conditions.
Evidence supporting these events or diagnoses could come from the veteran’s service record or from outside sources like mental health counseling centers or even from family and friends. Circumstantial evidence, like deterioration in work performance, substance abuse, and depression and anxiety, can also be admitted as evidence. The veteran’s testimony alone can establish the existence of a mental condition which excuses or mitigates the discharge.
Under the new guidance, conditions or experiences that may reasonably have existed at the time of discharge will be liberally considered by the Discharge Review Board as excusing or mitigating the unfavorable discharge.
Contact us Today
Our Military Justice Attorneys are experienced in representing veterans before Discharge Review Boards and understand how to gather and persuasively present the best evidence for your case. Call us today for your free consultation.
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"NOT GUILTY" NOT GUILTY
Quantico, Virginia. Marine Corporal (E-4) Acquitted at Court-Martial of Wrongful Drug Use After Positive Urinalysis.
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"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.
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"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.
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"NOT GUILTY" Kings Bay, Georgia
Kings Bay, Georgia. Master-at-Arms Third Class (E-4) Acquitted by Jury of Dereliction of Duty Involving Firearm.
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"NOT GUILTY" Spangdahlem Air Base, Germany
Spangdahlem Air Base, Germany. Senior Airman (E-4) Accused of Rape and Abusive Sexual Contact Acquitted by Military Judge.