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! Read on. 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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Jess SackettJess Sackett
20:19 15 Sep 23
Mr King recently defended my daughter for misconduct. His defense ended with a unanimous board decision clearing my daughter of that charge. Mr King was tenacious and unrelenting in her case. His staff are true professionals and highly skilled and experienced in preparing the cases. If you or someone you know needs a lawyer who will fight for you Mr King is the one you want in your corner.
Liv SLiv S
07:58 06 Sep 23
My journey with King Military Law began when my Navy Reserve Center falsely accused me of committing a crime but failed to notify me until nearly a year had passed after said crime. I was literally looking at losing everything I had ever worked towards the 16 years I had spent in the military to include a burgeoning career in the healthcare sector, my security clearance, my G.I Bill benefits, ect. If you think that situation can’t get any more stressful, try searching for legal counsel who will treat your case with the utmost importance instead of just a money grab. Thankfully, I found King Military Law quickly and was sold from the many 5-star reviews to Don’s impressive resume, and Kasheta’s prompt response to my initial query.During the consultation, Don did not shy away even after I explained the details of my rather complex case. In fact, he seemed to relish in the challenge of it all. Once retained, he and the rest of his legal team immediately began working various angles of my case and even provided further support by helping me navigate through several legal forms provided by my command to ensure that none of my rights were signed away.As it is the Navy Reserve, I had to wait several months for my Administrative Separation Board to convene; however, Don and his legal team always answered any questions that I had or dealt with any situations that arose in a timely manner and kept me in the loop as new details emerged.To say I was beyond stressed out the weekend of my Administrative Separation Board is an understatement, Angela’s positive demeanor and Don’s encouraging words were greatly appreciated. Don is a talented legal force and well versed in proceedings, his eloquence and extensive knowledge of military law is clear. However, what stuck out to me the most is the moment when the opposing counsel launched a particularly catty and rather unwarranted personal attack on my character. Don immediately but gracefully rebuffed his attack, providing a compelling and moving argument in which he showered me with praise and related similar experiences he had in the navy to my case in order to appeal to board members on my behalf.Thanks to King Military Law, I was able to win my case and can finally relax for the first time in nearly a year. I can’t thank the exceptional legal team (Don, Kasheta, Angela, and Ashley) enough for their tireless efforts, they’re absolute consummate professionals who truly care about their clients and will always go that extra mile for them. I HIGHLY recommend King Military Law to any service members in need and seeking out legal counsel.
Eddie RobinsonEddie Robinson
02:35 04 Sep 23
Mr. King & his associates (Ms. Kasheta) were very responsive and caring to me and my son's case. They explained in terms I could understand, they were timely, and they were caring. My son had serious charges against him and I am hundreds of miles away on the East coast and very scared. He was able to be there to see my son and let him know he had someone on his side. I know we pay for attorneys but you want to feel comfortable with your choice. My son is coming home free & clear. You will be very satisfied with King Military Law when you just can't be there yourself. THANK YOU MR KING & STAFF. posting from : Alethia
Hailey PorterHailey Porter
15:24 30 Aug 23
King Military Law saved my best friend's life and career. The Navy likely illegally separated a close friend of mine with 14 years of service, at the time, as a Sailor. As was I, she was stuck overseas in Afghanistan in 2020 due to the travel ban Gen Miller initiated to prevent personnel from entering and leaving Theater. She wasn't able to fulfill her naval obligations due to the ban. She fought tooth and nail to come back into service and went through MEPs for a second time to continue serving. The Navy again tried to ADSEP the sailor for a separate reason, and that's when she hired King Military Law. If my friend was given her charges she would've lost her medical career, intelligence career, and at this point 16 years of active service. I was present for her ADSEP board and watched King Military Law in action. The process was extremely nerve-racking. The recorder wasn't pulling any punches about my friend's character they were trying to portray to the board. King Military Law's kindness, professionalism, and strategy saved her life. They helped her beat a case that typically the service member wouldn't win. I 10/10 recommend King Military Law. For the first time in 2 years, my friend is able to truly rest and breathe.
Bryce BeeckmanBryce Beeckman
04:26 30 Aug 23
Don is absolutely amazing, I cannot thank him enough for how much he helped me out with my case. He knows the Navy legal system inside out and has a ton of experience. If it weren’t for him I would have never been reinstated. My chain of command literally tried to rail road me, twist my story, and even tried to tell me that it was illegal to get legal representation, but Don worked with me every step of the way. Before contacting Don I spoke with other lawyers and they did not care at all, and didn’t even listen to me and my case. The JAG even blew me off and told me that I was going to loose, didn’t even want to help me out, but Don did it, and got my rank back. I’m so incredibly grateful that he had my back. Don is the way to go for anything legal dealing with the Navy, hese #1 in my books.
Dina TrujilloDina Trujillo
04:46 15 Aug 23
Where do I begin? This will be a bit lengthy as I want to share my experience King Military Law. There aren’t enough words to express how grateful, blessed, and completely honored we are to have had Don King and his team representing my Marine. A few months ago, my son found himself in a very difficult, very scary and extremely stressful situation. A parents worst nightmare. My son was being FALSLEY accused of of a very serious crime. My son had no chance to speak his truth, and was immediately guilty in the eyes of command with absolutely no chance for a positive outcome. This was extremely heart wrenching to a mother who 100% knows without a doubt that her son is innocent, it completely broke me and tore me apart. There was nothing I could do. Once Don heard my sons case he immediately took action. Don ensured that my sons rights were protected. Don protected my Marine when I could not. Don made sure that my son would not get screwed out of what he was entitled to, since my son was a few months from completing his enlistment.Don fought for my boy, presented facts and had these serious charges dismissed against my son, all without having to go to court martial. Don believed in my son from day one and relentlessly fought for him.Don is caring and compassionate and genuinely cares. While going through this stressful situation, Don made sure to reach out to my Marine a few times a week to check in with my son to make sure he was mentally and emotionally doing well. Don kept us updated throughout the process and we always knew what to expect. In the end my son was separated under honorable conditions and is now home. All which never would’ve happened without Don. Don saved my sons career and ensured that my son could have a successful and bright future in the civilian world.I promise that you will not find another Military Attorney with the experience and knowledge that Don has, just take a look at his resume. Don is a warrior who will run circles around anyone. Thank you so much Don and Kasheta for everything! Forever thankful.
Rancell GonzalezRancell Gonzalez
06:29 08 Aug 23
This guy has the best legal team in the nation, hands down. All odds were against my best friend, another co-worker, and myself. Somehow, he managed to win every single battle. Don King literally fought for us 24/7, it did not matter to him whether it was the weekend or late at night. Don always answers the phone provides support through stressful times. Don is a winner, what can I say. I will always be forever grateful that I hired this man. When you go to court with him, you will see that you didn't waste your money and time, but you invested it. This guy awesome, I would hire him a 10000000000000 times if had to because I know he will win.
Kiki WhiteKiki White
00:27 13 Jul 23
Mr. King went above and beyond during our consultation. He was professional, knowledgeable, and very thorough. We went over the 30 minutes. Mr. King did not try to rush me off the phone. This is an attorney who truly cares for a client or potential client. I would highly recommend retaining Mr. King as an attorney. Thank you so much for your assistance Mr. King!
Jeovani StouteJeovani Stoute
02:47 05 Jul 23
Mr. King provided advice for a pending legal issue I am facing. His experience, professional demeanor, and care is unmatched.
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.
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