Liberal Consideration for PTSD & TBI
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.
PTSD and TBI
On September 3, 2014, the Secretary of Defense issued a memorandum providing guidance to the Military Boards for Correction (Secretary Hagel Memo) regarding petitions brought by veterans claiming Post Traumatic Stress Disorder (PTSD) with other than honorable conditions discharge.
The Department of Defense issued later clarifying guidance on August 25, 2017 regarding requests by veterans for a discharge upgrade due to mental health conditions (including PTSD and TBI), sexual assault, or sexual harassment (USD P&R Memo).
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 explains that “liberal consideration” will 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, including PTSD; TBI; sexual assault; or sexual harassment.
Evidence supporting these events or diagnoses could come from the veteran’s service record or from outside sources like law enforcement agencies, medical treatment facilities, or even from family, friends, and other acquaintances. Circumstantial evidence, like deterioration in work performance, substance abuse, or depression, can also be admitted in support of the petition. The veteran’s testimony alone can establish the existence of a condition or experience 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 consultation.
What Our Clients Say
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Mr. Hill tore apart the government's theory piece by piece . . . I trusted him with my career on the line, and he was outstanding.
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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.
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"NOT GUILTY"
Fort Cavazos, Texas. Army Staff Sergeant Acquitted of Murder at General Court-Martial After Deadly Shooting Incident in Texas.
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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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"NO BASIS"
Joint Base Pearl Harbor-Hickman, Hawaii. Administrative Discharge Board Finds “No Basis” for Alleged Senior Leader Misconduct.
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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" "NOT GUILTY"
Kings Bay, Georgia. Navy Master-at-Arms Found Not Guilty of Unholstering Firearm and Pointing it at Another Sailor.
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"NOT GUILTY" "NOT GUILTY"
Spangdahlem Air Base, Germany. Senior Airman (E-4) Accused of Rape and Abusive Sexual Contact Acquitted by Military Judge.