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PTSD and discharge upgrades

I see more and more clients who were given a negative discharge due to some alleged misconduct that occurred after they were deployed. In most (if not all) of these cases, the service member has a perfect record until they deploy, and then they commit misconduct when they return.  The military has done a terrible job of dealing with these cases.  Local commands are generally indifferent to the plight of our wounded warriors, and senior commands prefer to just push them out the door rather then help them.  I am currently representing several wounded warriors who are either in the process of being discharged or have already been discharged, with little or no regard for the medical circumstances that caused their misconduct.  Frequently these cases should be referred to a Physical Evaluation Board but are not.

On the positive side, we have been successful in getting several of these discharges upgraded or changed to a medical discharge through either the Discharge Review Board or the Board for Correction of Military/Naval Records.  Every case is different, and past success does not guarantee future results.  But if you are pending discharge or have already been discharged, please contact me for a free consultation.

 

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