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Liberal Consideration for Qualifying Mental Health Conditions

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.

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:

  1. Did the veteran have a condition or experience that may excuse or mitigate the discharge?
  2. Did that condition exist/experience occur during military service?
  3. Does that condition or experience actually excuse or mitigate the discharge?
  4. 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.

Military Mental Health Review FAQs

What is a Discharge Review Board (DRB) and what does it do?

A Discharge Review Board (DRB) is a panel within each branch of the U.S. military responsible for reviewing a service member’s discharge status upon request. This board has the authority to change, correct, or modify any discharge or dismissal other than those involving a general court-martial. 

Veterans seeking to upgrade a discharge for reasons related to mental health issues, such as PTSD or other service-related mental health conditions, may apply to the DRB. The board examines the service member's record, including any mental health factors that may have influenced the discharge, to determine if the current status is appropriate or if it warrants an upgrade.

This is also true of the Board of Correction for Naval Records (BCNR) and the Board of Correction for Military Records (BCMR).

How does the DRB consider mental health conditions in its reviews?

The DRB takes mental health conditions, including post-traumatic stress disorder (PTSD), traumatic brain injury (TBI), and other service-related mental health diagnoses, into account when reviewing discharge cases. The board evaluates whether these conditions may have contributed to behavior that led to the service member’s discharge, especially for those with “other than honorable” (OTH) or similar statuses. 

Recent policy changes have mandated a more sympathetic approach towards mental health-related issues, recognizing that these conditions might affect conduct. When evidence supports that mental health issues influenced the discharge, the DRB may decide in favor of upgrading the discharge.

What evidence does a veteran need to provide to the DRB for a mental health-related discharge review?

Veterans applying for a mental health-related discharge review should provide comprehensive evidence to support their case. This includes service records, medical records, statements from mental health professionals, and any documentation proving the service-related nature of the mental health condition. 

Statements from family, fellow service members, or supervisors that confirm changes in behavior or symptoms during service can also strengthen the application. In cases where medical records were unavailable or incomplete, recent assessments from licensed mental health professionals can also be critical. All these pieces of evidence help the DRB make a more informed decision about the discharge upgrade.

What are the potential outcomes of a DRB review for mental health-related discharges?

The DRB review process can lead to several possible outcomes. The board may decide to uphold the current discharge status, upgrade it to a higher level, such as from “other than honorable” to “general” or “honorable,” or even modify the narrative reason for the discharge. 

An upgrade can result in increased access to veterans’ benefits and may also positively impact a veteran’s employment and other opportunities. However, it's essential to note that the DRB cannot change the reason for discharge to a diagnosis (such as PTSD), but it may amend it to something less stigmatizing or more accurate based on the evidence provided.

How long does the DRB review process take, and what happens if the application is denied?

The DRB review process typically takes many months to years, but the timeline can vary depending on the case complexity and the volume of applications. If the DRB denies the request for an upgrade, veterans may appeal the decision to the Board for Correction of Military Records (BCMR), which has broader powers, including altering service records and correcting any perceived injustices. Veterans may also seek assistance from legal advocates or veterans’ organizations, which can provide additional support and resources for appeals. In cases where mental health-related conditions are involved, applicants are encouraged to consult with legal professionals specializing in veterans’ law to improve the chances of a favorable outcome.

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 consultation.

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