MILITARY DISCHARGE UPGRADES

TENS OF THOUSANDS OF VETS MAY HAVE BEEN AWARDED LESS-THAN-HONORABLE DISCHARGES

A recent news article discussed that tens of thousands of Vets will be receiving Department of the Army reviews of their military discharges since many may have received a discharge characterization that was less than they deserved. If you’re reading this section, you or a loved one may be in that same circumstance.

WHY SHOULD I SEEK A MILITARY DISCHARGE UPGRADE

YES…you earned it! If you served sufficiently on active duty in our nation’s military, then Congress has mandated that the nation honor the sacrifice you (and your family) endured. The Veteran’s Administration (VA) is charged with providing VA benefits such as VA disability benefits, healthcare, educational assistance, housing, and many, many other valuable benefits. Even if you receive these benefits now, we recognize that the stigma and anxiety that comes with receiving less than an Honorable discharge is hard.

AM I ELIGIBLE FOR A MILITARY DISCHARGE UPGRADE?

It depends. The different avenues of receiving a discharge upgrade have time limitations and restrictions, a full discussion of which is not possible here. Just know that you should NEVER assume that you are not eligible. Look into it. Get help. MAKE SURE before you give up.

HOW CAN I APPLY FOR A MILITARY DISCHARGE UPGRADE

There are two different types of military boards that can review your discharge papers. One is the Discharge Review Board (DRB) and the other is the Board of Correction for Military Records (BCMR). Each board has different authority, timelines, restrictions, and limitations. This section will discuss the DRB. For a discussion about the BCMR, click here.

First, you’ll want to have your court martial lawyer request a copy of your military records, including your military medical records, as well as copies of any trial records if you endured a court martial. DO THIS IMMEDIATELY, as retrieving these records can take months. You then apply to the DRB online or via mail at the addresses provided below. To be successful, packages must show that your military discharge was “improper” or “inequitable.” Improper means factually incorrect or inconsistent with the law.

Inequitable means inconsistent with the traditions and policies of the service. The “standards” or tests which the reviewers apply to your application are based upon federal law and must be considered carefully. A “well-built” application will thoroughly discuss and provide evidence as to ALL the reasons you believe you are entitled to an upgrade. Any reasons you leave out, you may lose, even if you or your civilian military lawyer raise them later on.

WHAT CAN A DISCHARGE REVIEW BOARD DO?

Generally, DRBs can upgrade the character of a discharge or change the reason for a discharge. However, DRBs cannot modify a discharge awarded at a General Court Martial, nor can a DRB change a discharge to or from medical retirement or medical discharge.  For those types of actions, the Vet would need to apply to the BCMR. 

MAY I APPEAL THE DECISION OF A DRB?

Absolutely. You may also ask for reconsideration of the DRB’s decision.  

DO I NEED A MILITARY LAWYER TO HELP ME?

Probably not a bad idea. There are studies that show applicants with a military lawyer or military attorney are far more likely to receive upgrades than those without. This is likely due to the complex requirements and standards involved. An experienced military lawyer will know how to address those standards, what kind of evidence supports it, and how to argue “improper” or “inequitable.” In addition, having a lawyer may help you get reconsideration of a denied DRB request. That said, the internet is FULL of helpful sites and “how to” guides that will assist you if you decide to “go it alone”. 

But you shouldn’t need to spend a fortune to get a lawyer’s help. There are many Veteran’s Service Organizations (VSOs) and other Vet-focused groups that offer pro bono or low cost assistance with DRB packages. There are thousands of Vets seeking these services and resources are limited so you may be required to establish financial need. Also, depending on the complexity of your case, many experienced military lawyers will reduce their “standard” cost to assist you. At KML, we try to make our fees affordable to all who need us. In fact, if you feel like you need help but can’t afford it, please visit our Pro Bono Page.  

We hope this information was helpful. Please feel free to reach out to us at KML if you think we can help.  

DRB CONTACT INFORMATION

Army
Army Review Boards Agency
251 18th Street South
Suite 385
Arlington, VA 22202-3531
http://arba.army.pentagon.mil

Navy/Marine Corps
Secretary of the Navy
Council of Review Boards
ATTN: Naval Discharge Review Board
720 Kennon Ave S.E., Suite 309
Washington Navy Yard, DC 20374-5023
secnav.navy.mil/mra/CORB/pages/ndrb/default.aspx 

Air Force
Air Force Review Boards Agency
SAF/MRBR
550-C Street West, Suite 40
Randolph AFB, TX 78150-4742

Coast Guard
Commandant (CG-122)
Attn: Office of Military Personnel
US Coast Guard
2100 2nd Street S.W., Stop 7801
Washington, DC 20593-7801
https://www.uscg.mil/Resources/legal/DRB/

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Leslie PuikLeslie Puik
01:03 07 May 23
There aren't enough words of high praise to express our appreciation for Don King of King Military Law. He and his very qualified staff Kasheta and Angela took care of our needs like we were their only clients. They are all highly professional, superb communicators, responsive, and thorough. They are caring, compassionate and patiently listen to and address every concern as though they were helping one of their family members. Don excels at helping others understand the processes of the law. He educates his clients so that they can navigate toward the best possible solution and outcome. We will be forever grateful for the entire team's effort to help our family through the most challenging time of our lives.I highly recommend King Military Law.
john puikjohn puik
11:57 05 May 23
Don fought hard for our son with passion and experience.My wife and I can't say enough good things about our experience with King Military Law. Don is an excellent communicator, patiently explaining every aspect of the case, keeping us informed throughout the process. It was obvious to us that his experience in the military law system was the most important benefit of our decision to hire him. The staff, Kasheta and Angela were incredible. Emails were returned promptly. All questions were answered without delay. I always felt like we were their only client. We were truly blessed to have found Don and his staff to help us with this matter.
Dakota GrammerDakota Grammer
21:49 09 Mar 23
Let me begin by saying Mr. King has saved my life. I hired Mr. King for defense in a Court Martial case. His entire team worked tirelessly to create a solid defense for me. They would even just have conversations with me to make sure my mental health was okay throughout the whole process, making sure I know my resources incase I needed help. Because of Mr. King and his team I got an amazing plea that would not have been possible without him. I would recommend anyone to Mr. King and his team. Thank you all again for everything you have done for me and helping me still have a life after such a stressful event!
Bman153Bman153
06:14 28 Feb 23
I felt so hopeless until I found Don. The way that most of us service members aren’t entirely educated on our rights. Is appalling. What I was accused of is supposed to be a career killer. Something as simple as licking my finger tips while handling cash could’ve cost me everything. Don and LT Bassani both work in tandem in away that was so symbiotic you could’ve sworn they’ve worked together for decades. And a special and well deserved shoutout to Angela and Kasheta. They walked me through the process and practically held my hand the entire way. Not only that but they made myself and my witnesses feel comfortable. When it’s all said and done. This is the team you want on your side.
Kyp RidenhourKyp Ridenhour
19:05 05 Dec 22
Don King is as exceptional as his resume would have you believe. His knowledge of legal proceedings, and litigating skills were far above what I had even expected. His assistance was worth every penny. I could not have been happier with choosing King Military Law. Don and his team helped me through every part of the legal procedure that I was dealing with and if it had not been for his team I would not have been able to continue my career in the United States Marine Corps. Mr. King and his team were always able to help me and I would not ever recommend anyone else for help in a military law situation as Mr. King has more experience in military law and litigating than any prosecutor that the United States government would put up against you. His team will help you fight back any false charges and I would happily trust him and his team in any situation. My brother is a lawyer and he told me I was very lucky to find such an experienced lawyer to help me. Please reach out to KingMilitaryLaw for help if you are ever in need.
TonioTonio
01:46 17 Nov 22
I had a great experience working with King Military Law. They are excellent when it comes to communication and understanding the law. I would truly recommend them to anyone who needs assistance on any legal issues.
Siddharth SwaminathanSiddharth Swaminathan
14:41 09 Nov 22
Simply put Don, Kasheta and the rest of king military law are amazing. They are worth every dollar and Don truly cares about each of one of his clients. He will work night and day for and there is no one better than Don in this business. I was facing a board of inquiry for a situation that had gotten so far out of hand. Don pointed out so many flaws in my case and stopped my situation before it made it to a BOI. I cant thank Don enough. I called Don over 20 times a day. He always answered my phone calls, was patient and was with me every step of the way keeping me calm and grounded. My only regret is I didnt call Don immediately at the first sign of trouble.
Pusha 392Pusha 392
01:17 03 Nov 22
Was in an overwhelming situation with the Navy, reached out for a consultation with Mr King, he explained potential outcomes and path that could be taken. I felt comfortable hiring him and his team. Mr Don and his are knowledgeable, effective, efficient and very understanding. Because of their help I’m able to continue my time in the Navy. Big shout to Angela Schlosser and Kasheta De La Garza, who work and assist Mr Don King
greg Meagreg Mea
04:22 12 Oct 22
I can’t recommend King Military Law enough ! I felt like I wasn’t just a case but an actual person. They were professional yet compassionate every step of the way. Answered every question with kindness and honesty. They are completely transparent an filled with knowledge . Which i think is what everyone should look for when thinking about hiring an attorney. They truly have your best interest at heart.
Gabe CarothersGabe Carothers
03:05 30 Jul 22
King military law truly cares, and will be by your side every single step of the way. If you are even thinking of calling them. Do It. They are true professionals who care. Thank you king military law.
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