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NO GOMOR ISSUED

Fort Cavazos, Texas. Army Officer Rebuts Allegations of Online Social Media Misconduct; No GOMOR Issued.

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GOMOR LOCALLY FILED

Shaw Air Force Base, South Carolina. Army Major (O-4) reprimanded for extramarital sexual conduct, GOMOR locally filed.

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NO ADVERSE ACTION

Fort Stewart, Georgia. An Army Sergeant (E-5) was flagged for allegedly violating a restriction of movement (ROM) order following a suspected case of COVID-19.

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GOMOR REMOVED

Fort Stewart, Georgia. GOMOR removed for Army Ranger arrested for DUI less safe after failing to submit to a field sobriety test.

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GOMOR LOCALLY FILED

Fort Knox, Kentucky. Army Major (O-4) facing an investigation and possible removal from the Army contacted MJA to help him respond appropriately.

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MARINE SNCO PROMOTED

Camp Lejeune, North Carolina. Marine Staff Sergeant (E-6) refused NJP, avoids court-martial and earns promotion.

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PROMOTED AFTER GOMOR

United States Army Japan. An Army First Lieutenant (O-2) received a permanently filed GOMOR for allegedly being drunk and disorderly in violation of USF Japan liberty policy.

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GOMOR WITHDRAWN AND DESTROYED

Army Reserve Support Command. Army Sergeant First Class (E-7) reprimanded for alleged aggravated sexual contact.

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GOMOR LOCALLY FILED

1st Theater Sustainment Command, Middle East. Army Major (O-4) reprimanded for allegations of extramarital sexual conduct.

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GOMOR TRANSFERRED

Department of the Army Suitability and Evaluation Board (DASEB). Army Captain (O-3) reprimanded for drunk and disorderly.

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Discharge Review Boards and the Discharge Upgrade Process

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

Available 24/7 to Help Anyone in the World

Department of Defense Guidance on Liberal Consideration

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.

How Discharge Review Boards Apply Liberal Consideration

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, such as mental health counseling centers or 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 that excuses or mitigates the discharge.

Under the new guidance, conditions or experiences that may have existed at the time of discharge will be liberally considered by the Discharge Review Board as excusing or mitigating the unfavorable discharge.

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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). Still, 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 the ability to alter service records and correct 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 involving mental health-related conditions, applicants are encouraged to consult with legal professionals specializing in veterans’ law to increase the chances of a favorable outcome.

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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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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.

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.

Available 24/7 to Help Anyone in the World

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