The Discharge Review Board – A Brief Look – Part Two
The DRB cannot review a discharge resulting from a General Court-martial. In addition, it cannot pardon, overturn, or eliminate a court-martial conviction. However, experienced military attorneys, like Mr. Cassara, can help compel the DRB to possibly change the reason for your discharge and, in the Air Force and Army, the RE Code. The DRB has strict time limits for receiving applications and will not accept late applications. Whatever the character of your discharge, you must apply within 15 years from your discharge date.
Mr. Cassara can help you with a documentary review and/or a personal appearance. For the documentary review, the DRB will consider your administrative, personnel, and medical records, and also consider any other relevant records or evidence you submit. The DRB will consider your argument to have your discharge upgraded or to change the basis of your discharge, and it will review your evidence. The DRB presumes your discharge is correct, and the burden is on you to show why it is not..
For the personal appearance review, the DRB will consider all the records and evidence it considers in the documentary review, but you have the added benefit of being able to address the Board, bring witnesses to testify, and Mr. Cassara will have the opportunity to argue your case on your behalf. You can try both reviews, if necessary. Basically, if your documentary review is unsuccessful you may request a personal appearance, so long as both requests are within the 15-year limit.