Correcting Injustice: How You Can Right the Wrongs of Military Discharge

Correcting Injustice: How You Can Right the Wrongs of Military Discharge

Serving in the military is one of the noblest professions, but it’s not without its challenges. One of the most significant challenges is facing injustice, especially when it comes to military discharge. Military members are often discharged under circumstances beyond their control, and these discharges can negatively affect their lives long after their service is over.

The impact of a military discharge can be far-reaching. Unless you receive an honorable discharge, you’re ineligible for Post 9-11 GI Bill education benefits, VA compensation, and VA pension. Additionally, if you receive a discharge under less-than-honorable conditions, you may be disqualified from receiving VA medical care. These consequences can make it difficult for veterans to transition to civilian life and can have a significant impact on their financial and emotional well-being.

Fortunately, the Department of Defense recognizes the impact that unjust discharges can have on veterans and their families. The military provides former service members with the opportunity to have their discharge and military records reviewed to correct any injustice. Even if you have already submitted an application to the Discharge Review Board (DRB) and your discharge was not upgraded, you may be eligible for review under new guidance issued in 2014 related to Post-Traumatic Stress Disorder (PTSD) and other conditions.

According to the Department of Defense, “liberal consideration will be given in petitions to changes in characterization of service” when there is evidence of PTSD or related conditions such as Traumatic Brain Injury (TBI). The DRB reviews applications for former military members and can change your characterization of service, the reason for discharge, and your re-enlistment code based on mistakes made by the service.

Real stories of military members whose discharges were upgraded highlight the positive impact that correcting injustice can have. For example, a soldier who was discharged with an under other than honorable conditions discharge (UOTHC) for drug abuse was later diagnosed with PTSD and TBI by the VA. The DRB upgraded his discharge to an honorable discharge and changed the reason for discharge from misconduct to a more favorable reason based on his diagnosis.

In another case, a military member was discharged after reporting misconduct committed by a senior soldier and became a victim of reprisal. The DRB upgraded his UOTHC discharge as they concluded his command acted in an arbitrary and capricious fashion.

Each service has a DRB that provides former military members with the opportunity to request a review that could change their characterization of service, the reason for discharge, and their re-enlistment code based upon mistakes made by the service.

Injustice can occur in any aspect of life, but it’s essential to take steps to correct it when it does. If an unjust military discharge is affecting your ability to obtain education benefits, VA compensation, or medical care, you have even more reason to right the wrong.

As a former Active Duty USAF Judge Advocate and now National Guard JAG, John Malek has 10+ years of experience and insight as a military legal expert. He uses his expertise to develop the best strategies to represent his clients and has served. John is familiar with all aspects of the disciplinary process. He has reviewed thousands of cases and knows what the military looks for when deciding whether your discharge should be upgraded.

If you have questions about this important topic, contact John Malek at (208) 747-0053, [email protected] or visit www.maleklawgroup.com 

Share this information with friends, family, and former colleagues to spread the word and help others right their wrongs.

Don't let an unjust discharge hold you back. You have the power to correct the record and obtain the benefits you deserve.