Yes. An attorney gives you an advantage in gaining your military discharge upgrade. It is vital to have an attorney knowledgeable in the standards and formalities of the various review board agencies. An attorney with knowledge of military law can give you an advantage over those applicants attempting to go it alone.
Military Separations Happen for all sorts of Reasons
The separation could be for anything from a medical condition to a nonjudicial punishment to even a court-martial. Ultimately, separations before one’s end of enlistment are common and affect many servicemen and women yearly.
Congress Offers Legal Way to Upgrade a Discharge
It seems that Congress is sensitive to the need for a review of these decisions. It has passed legislation that provides a legal way for service branches to review and change information associated with a member’s discharge. This means that if you are an Army, Navy, Air Force, Marine Corps, or Coast Guard veteran and you were either active duty, reserve, or part of a National Guard component, you may be able to change or correct information on your records. Most often, military discharge upgrade requests focus on specific information, including:
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the characterization of service (e.g., honorable to medical, general under honorable conditions to honorable, other than honorable to honorable),
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the narrative reason for separation (the reason the military says you were discharged) and
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the reenlistment code offers some protection to those who have been unfairly or improperly discharged.
Thus, whether or not your separation was based upon misconduct, PTSD, TBI, or some other reason, you have the opportunity to seek review and apply for correction or upgrade under federal law.
Legal Representation for Applicants
Applicants also have the right to seek legal representation to increase their chances of obtaining a favorable outcome. An attorney skilled in military administrative law is not a requirement for success; it is a valuable asset. Attorneys experienced in military law are accustomed to navigating a discharge upgrade’s regulations and legal standards. Having a skilled attorney obtain your complete military record and conduct a legal review will assist in identifying relevant factual, procedural, or discretionary errors requiring correction. Most importantly, your lawyer will be able to craft the arguments practically but clearly for the Discharge Review Board members’ consideration.
Get it Right the First Time
Firstly, you have a limited number of opportunities to upgrade a discharge. Secondly, you should strive to have it corrected on the first attempt. Finally, seeking relief in the federal courts is difficult once the administrative options have been exhausted. Complete the Contact Us form on this page to request a military discharge review.
