The character of my military discharge is preventing me from receiving VA benefits and I need to file a Petition at the Discharge Review Board for my service department!
The Discharge Review Board (DRB) is the first stop to upgrade a military discharge characterization for all cases except General courts-martial. You have 15 years to submit your request to the DRB. The Presumption of Regularity, which assumes the Government acted appropriately, must be overcome by you through sufficient evidence. The DRB has the authority to change (favorably) the discharge or dismissal or issue a new discharge to reflect the findings. A DRB request must be submitted in writing, but a hearing may be authorized if requested. PTSD & TBI – If you were discharged or dismissed from the military after suffering from a Traumatic Brain Injury (TBI) or Post Traumatic Stress Disorder (PTSD) you are given “liberal consideration” with your request to upgrade your discharge service characterization. Liberal Consideration means you can present evidence to mitigate the underlying misconduct that led to the discharge that the DRB must consider.
HAVE THE VETERAN'S ADVOCATE PREPARE YOUR DRB PETITION
Overview of the DRB process
The Discharge Review Board (DRB) process is a mechanism within the U.S. military that allows service members to request a review of their discharge characterization and, if warranted, seek an upgrade or correction. The DRB provides an avenue for individuals who believe that their discharge was unjust, inequitable, or in error to seek a fair and impartial review.
1. Eligibility:
- Service members who received a discharge under conditions other than honorable (such as general, under other than honorable, or bad conduct discharge) are typically eligible to apply to the Discharge Review Board.
2. Initiating the Review:
- To begin the process, the service member submits a formal application to the Discharge Review Board. This application outlines the reasons for the requested review and may include supporting documentation.
3. Grounds for Review:
- The DRB considers cases on specific grounds, including errors in the discharge process, an unjust or inequitable discharge, or changes in policy or regulations that may affect the original decision.
4. Submission of Supporting Documents:
- The service member may provide supporting documents, such as character references, medical records, or evidence of mitigating circumstances that were not considered during the original discharge.
5. Review by the Board:
- The Discharge Review Board conducts a comprehensive review of the service member's application and supporting documents. The board assesses whether the discharge was appropriate based on the information provided.
6. Board Decision:
- The board renders a decision, which may include one of the following outcomes:
- Upgrade: The board may decide to upgrade the discharge to a more favorable characterization.
- No Change: The board may determine that the original discharge was appropriate, and no change is warranted.
- Other Modifications: In some cases, the board may modify aspects of the discharge, such as the reenlistment code.
7. Notification of Decision:
- The service member is notified in writing of the DRB's decision. If the discharge is upgraded, the service member may become eligible for certain benefits they were previously denied.
8. Appeal Process:
- If dissatisfied with the DRB decision, the service member may have the option to appeal to the Board for Correction of Military Records (BCMR).
9. Final Administrative Action:
- The DRB decision, or any subsequent appeal decision, represents the final administrative action within the military system. Further legal recourse may involve seeking relief through the federal court system.
10. Impact on Benefits:
- An upgraded discharge (or lack of an upgraded discharge) may impact the service member's eligibility for certain benefits, including those administered by the Department of Veterans Affairs (VA).
It's important to note that the Discharge Review Board process can be complex, and individuals seeking a review should seek legal advice or assistance to navigate the process effectively. The specific procedures and requirements can vary by service branch, and individuals should always refer to the specific regulations and guidance provided by their respective military branch.
