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Listen to this podcast to learn about cases decided by the Naval Discharge Review Board.
Boards of Review Reading Rooms website below:
https://boards.law.af.mil/
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Listen to this podcast to learn about cases decided by the Army Discharge Review Board in 2022.
Boards of Review Reading Rooms website below:
https://boards.law.af.mil/
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Fehlende Folgen?
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MLM 117 - Cases decided by the Air Force Discharge Review Board (AFDRB) related to COVID-19 Vaccine Refusal.
Listen to this podcast to learn why the Air Force upgraded Veterans' discharges who were discharged with general discharges (under honorable conditions) for refusing the Covid-19 Vaccine.
Read cases decided by the Service Discharge Review Boards in the Boards of Review Reading Rooms website below:
https://boards.law.af.mil/
The website below addresses COVID-10 Vaccination Mandate Rescission Information for Currently Serving Air Force Members and Discharged Air Force Service Members
https://afrba-portal.cce.af.mil/#covid
The Air Force Review Boards Agency (AFRBA) states that If you were administratively discharged solely for failing to obey a lawful order to receive a COVID-19 vaccination, the Department of Defense was precluded by law from awarding any characterization less than a General (Under Honorable Conditions) discharge. If you are seeking a correction to the characterization of your discharge (character of service, narrative reason and/or reenlistment eligibility code), follow the standard procedures to petition the Air Force Discharge Review Board." (see link below)
https://afrba-portal.cce.af.mil/#board-info/drb/navbar
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Learn how two lawsuits against the Air Force and the Department of Defense may impact your discharge and DD Form 214.
1) The Air Force lawsuit "challenges the AFDRBâs systemic denial of discharge status upgrades to Air Force veterans who (1) served during the Iraq and Afghanistan era, (2) received less-than-Honorable discharges, and (3) incurred service-connected mental health conditions such as PTSD (and related conditions), Traumatic Brain Injury (TBI), or experiences of MST or IPV. (Intimate Partner Violence). They allege that the Air Force has arbitrarily and capriciously failed to apply DoDâs policy of liberal consideration to discharge upgrade applications filed by these veterans."
2) The DoD lawsuit alleges that the "Governmentâs discriminatory dismissal of LGBTQ+ service members on the basis of their actual or perceived âhomosexualityâ was unconstitutional. Likewise, the Governmentâs issuance of DD-214 forms with discriminatory narrative reasons for separation, separation codes, and reenlistment bars is unconstitutional. LGBTQ+ veterans are not treated equally to other veterans, who are issued dismissal paperwork free of references to their sexual orientation."
The plaintiffs asks the Court to require Defendants to conduct a comprehensive review of every discharge processed pursuant to DADT and its predecessor policies and systematically remove all indicators of sexual orientationâincluding (1) narrative reasons for separation, and (2) affiliated separation codes from veteransâ DD-214s (and reenlistment codes)âand to require the Defendants to systematically upgrade discharge characterizations to Honorable.
UPDATE: "On Sept. 20, 2023, DoD announced it will proactively review military records of veterans whose military records indicate their administrative separation was the result of their sexual orientation and who received a less than honorable conditions discharge. The department will first identify veterans discharged during the "Don't Ask, Don't Tell" period (1994-2011) and then take steps to retrieve their relevant military records, for example from the National Archives. After a preliminary review and an assessment that an upgrade in discharge may be warranted, DOD will transmit the names to the service secretaries for consideration and potential correction through the Military Department Boards for Correction of Military/Naval Records (BCM/NR)."
Click on the DoD DADT Resources page link below for more information.
https://www.defense.gov/Spotlights/Dont-Ask-Dont-Tell-Resources/
The Air Force Review Boards Agency website also has information pertaining to the Don't Ask Don't Tell (DADT) Repeal and correcting your records.
https://afrba-portal.cce.af.mil/#dadt
Never ever give up - There is always Hope
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Military Discharge Upgrades
Knowledge is Power. If you are thinking about trying to upgrade your discharge and want to learn the basics on how to go about the process, take a look at Episode # 106. This episode and its shownotes give you a synopsis of all of the MLM episodes I have done in the past several years that discuss Discharge Upgrades.
You may decide to prepare the application yourself after listening to the episodes. If not, you will be armed with knowledge so when you speak with an attorney, you know the critical information you will need to convey to them as they evaluate your case.
Wishing you all the best with the process!
Remember, never ever give up There is always Hope!
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Attorney Pete Faerber has a long history of military service. He was commissioned into the United States Marine Corps as a 2nd Lieutenant in 1992 and served as a pilot on active duty for 10 years, with the most flight time in the AH-1W Supra Cobra. After ten years on active duty, Pete attended law school and then served as a judge advocate in the Marine Corps, retiring in January 2021 as a Lieutenant Colonel.
Pete has more than 13 years of experience in the Disability Evaluation System (DES). After helping clients navigate through the DES, Pete decided that he wanted to establish a non-profit to help active duty members and veterans navigate the DES. Pete founded The Warriorsâ Lawyer, the only certified 501(c)(3) non-profit organization with an exclusive focus on protecting the rights and entitlements of injured service members. The Warriorsâ Lawyerâs mission is to ensure the wounded, ill, or injured Service Members and Veterans are afforded their full rights to determination and appeal within the DoDâs Disability Evaluation System â at NO COST to the member.
Learn more about the Warriors' Lawyer at their website below:
https://www.thewarriorslawyer.org/
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Attorney Davis Younts talks about how the January 10, 2023 Secretary of Defense Rescission of the COVID Vaccine Mandate affects Military Members & Veterans.
Davis Younts is an experienced military law attorney with 20 years of legal experience. He is a former active duty Judge Advocate who served as the Chief of Military Justice at the Air Force JAG School and as the Staff Judge Advocate at multiple Wings. Davis is currently a Lt Col in the USAF Reserve. Davis focuses his civilian legal practice on military law including court-martial defense, adverse actions, and military records corrections.
Davis has represented military members who refused the COVID vaccine at discharge boards and in court. If you havenât listened to his first interview on the COVID Vaccine mandates from March 2022, it's a great introduction-- Episode #94.
https://yountslaw.com/
DoD Memo Rescinding COVID-19 Vaccination Mandate:
https://media.defense.gov/2023/Jan/10/2003143118/-1/-1/1/SECRETARY-OF-DEFENSE-MEMO-ON-RESCISSION-OF-CORONAVIRUS-DISEASE-2019-VACCINATION-REQUIREMENTS-FOR-MEMBERS-OF-THE-ARMED-FORCES.PDF
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Attorney Shannon James is an attorney who focuses her law practice on the U.S. Public Health Service Commissioned Corps. As one of America's seven uniformed services, the Commissioned Corps is an elite team of more than 6,000 well-trained, highly qualified public health professionals dedicated to delivering the nation's public health promotion and disease prevention programs within the nation's federal government agencies and programs.
Shannon began her career in law clerking at a civilian law firm where she focused on military law. After graduating from law school, Shannon became an associate and eventually a managing partner of the firm. It was there that she first worked with Public Health Service Commissioned Corps Officers and developed a passion for helping this unique community of officers who work in underserved areas in the United States. Shannon is a powerful advocate for her clients as she understands their unique skills and their sacrifices in serving their country.
https://shannonlawyer.com/
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The ends don't always justify the means - the Story of an Airman who got Justice
This is the story of an Airman who got justice. He started his journey at the Air Force Discharge Review Board and then took his case to the Air Force Board for Correction of Military Records where he got justice. Remember, never ever give up; there is always hope!
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The Department of Defense (DoD) Discharge Appeal Review Board (DARB)
DARB affords Service members the opportunity to request an upgrade to the characterization of a discharge or dismissal that was not granted by their Service Discharge Review Board (DRB) and the Board of Corrections of Military/Naval Records (BCM/NR).
** Note that the DARB only applies to discharges or dismissals with a date on or after December 20, 2019.
For a discharge or dismissal dated on or after December 20, 2019, through December 31, 2020, a request for relief must be submitted on or before January 1, 2022, or within 365 calendar days of receipt of the BCM/NR decision, whichever is later. A request filed later than this date is untimely and may be denied by the DARB on that basis. For a discharge or dismissal date on or after January 1, 2021, a request for relief must be submitted within 365 calendar days of the date of receipt of the BCM/NR decision. A request filed more than 365 calendar days after the date of the respective BCM/NR decision is untimely and may be denied by the DARB on that basis.Department of Defense (DoD) Discharge Appeal Review Board (DARB) https://afrba-portal.cce.af.mil/#resources
Department of Defense (DoD) Discharge Appeal Review Board (DARB) Application Instructions https://afrba-portal.cce.af.mil/#application-submission-darb
The current governing instruction for the DARB process is in the Deputy Secretary of Defense â Memorandum, dated 29 January 2021 â
https://afrba-portal.cce.af.mil/app/assets/DOD_SECTION_523.pdf
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A question that Veterans ask is where do they submit an application if they want to change their Reenlistment (RE) code so they can reenlist.
There is some confusion because there is some guidance out there that informs Veterans to submit an application to the Board for Correction of Military or Naval Records. This is not necessarily true.
The service websites below include language regarding changing your RE code:
Air Force Discharge Review Board https://afrba-portal.cce.af.mil/#all-board-info
"The Air Force Discharge Review Board (AFDRB) affords former Air Force, Air National Guard, and Air Force Reserve members the opportunity to request a review of their discharge (except for a discharge or dismissal by general courts-martial) within 15 years of the date of separation. The objective of the AFDRB is to examine an applicantâs discharge and consider changing the characterization of service, the reason for discharge, and the re-enlistment eligibility code (when applicable), based on standards of propriety or equity."
Army Discharge Review Board https://arba.army.pentagon.mil/change-re-code.html
"If however, a former Soldier can provide evidence that the RE code is an error or unjust, the former Soldier may apply to the Army Board for Correction of Military Records for a correction of the RE code. If the former Soldier can provide evidence that their discharge character or reason for discharge issued in the last 15 years are erroneous or unjust, the former Soldier can apply to the Army Discharge Review Board for a discharge review and request that their RE code be changed according to the correct reason for discharge."
Naval Discharge Review Board https://www.secnav.navy.mil/mra/CORB/pages/ndrb/default.aspx
"Additionally, the NDRB is authorized to change a NDRB Applicant's Reenlistment Code if related to an accompanying change in discharge characterization or narrative, but this authority is strictly limited to those cases where an applicant's narrative reason or characterization of discharge is changed and that change warrants revision of the previously issued reenlistment code."
The Coast Guard Discharge Review Board https://www.uscg.mil/Resources/legal/DRB/
U.S. Department of Homeland Security
"Before applying to the DRB, please understand the scope and authority of this Board. The DRB has authority to recommend changes to the items issued in Blocks 24-28 of the DD-214:
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Character of Service
Separation Authority
Separation Code
Reentry code
Narrative Reason for Separation" -
Attorney Tommy Gregory is a retired USAF Judge Advocate (JAG), a civil litigation lawyer, a Florida State Representative, a small business owner, a native of Florida and a proud American. He attended the United States Air Force Academy, where he earned a bachelorâs degree in economics and graduated with military distinction. He also earned a law degree, with honors, from the University of Texas.
Tommy served on active duty in the United States Air Force for 20 years, including 14 years as a judge advocate. He was assigned to 6 different states and 4 different countries during his career and deployed multiple times in support of Operations SOUTHERN WATCH, IRAQI FREEDOM and ENDURING FREEDOM, where he advised aircrews during real-time strikes of terrorist targets.
Tommyâs wife, Erica, is also a retired Lieutenant Colonel and they met as cadets at the Air Force Academy. Tommy and Erica have 3 sons.
https://www.williamsparker.com/attorneys/tommy-e-gregory/
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Ms. Hillary Walsh is an immigration lawyer and the Chief Executive Officer of New Frontier Immigration. She is also a former foster care and juvi-kid turned award-winning lawyer who has a passion for helping immigrants live free in the United States.
In addition to being the CEO of her law firm, Hillary is also an adjunct law professor and an avid Phoenix Suns fan. In the past 10+ years of practicing immigration law, sheâs represented clients before the U.S. Supreme Court, the Supreme Court of Nevada, the Ninth, Sixth, and Fifth Circuit Courts of Appeals, the Board of Immigration Appeals, and immigration courts nationwide. Hillary believes that there is a solution for every problem, and she injects that relentlessness into her immigration law practice.
Hillary is also the mother of four children and the wife of an active duty military officer. She is a passionate advocate for her clients and will fight to ensure you can live free in the United States.
Ms. Walsh's practice is global so she can assist clients all over the U.S. and the world.
https://newfrontier.us/about-us/
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Military Law & Life Matters Podcasts that discuss Military Discharge Upgrades:
Episode 4: I discuss the Discharge Review Board (DRB). The DRB gives former military members the chance to request a review of their discharge within 15 years of the date of separation. The DRB reviews a veteran's administrative discharge and can legally change the veteran's discharge characterization of service, the reason for discharge, and the re-enlistment eligibility code (when applicable), based on standards of propriety or equity.
Episode 6: I discuss the Board for the Correction of Military Records or BCMR. The BCMR for each service has the authority to review and correct the personnel records of current and former members of the each military service. Records include administrative discharges, reenlistment codes, disciplinary matters, performance evaluations, selection for promotion, advancement, retirement, dates of service, disability ratings and medals. **If you were discharged more than 15 years ago and want to upgrade your discharge, you would apply to the Board for Correction of Military Records for your service.
Episodes 22 - 31: 10 Part Series. It is possible to upgrade your military discharge characterization. This series covers 10 things you should know about upgrading your discharge either at the Discharge Review Board (DRB) or the Board for the Correction of Military Records (BCMR). Go to https://ferahozbek.com/ if you want to download my written guide to follow along with the podcast.
Episode 37: DoD Guidance on Mental Health Issues - This episode is intended to ensure Veterans know what that the August 2017 DoD Clarifying Guidance to Military Discharge Review Boards applies to. The DoD Guidance discusses Liberal Consideration for certain cases before the Discharge Review Boards and Boards for Correction of Military Records.
Episodes 38-40: FAQ on Military Discharge Upgrades -- I share some of common questions that Veterans ask in case you also had the same question.
12 Part Series on Military Discharge Upgrades (No Episode Number for this Series. However, the series begins on 8 November 2019 and ends on 13 March 2020)
MLM 73 - 88: 16 Episodes where I discuss cases from the Board of Review Reading Rooms for each service. The Department of Defense Electronic Reading Room publishes the decisions of the Corrections of Discharge Review Boards (DRB) and the Boards for Correction of Military/Naval Records (BCMR/NR) on a public website. I analyze the decision made by the Discharge Review Boards on a Veteran's application. I explain why I believe the discharge was upgraded or why it was not.
Go to https://ferahozbek.com/ to download a free Military Discharge Upgrade Guide
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Attorney Rupe Gill is a retired USAF Judge Advocate (JAG) who is now an Estate Planning Attorney.
Upon graduation from college, Rupe joined the US Air Force and served as an Intercontinental Ballistic Missile (ICBM) launch officer. In 1990, he was among a few select officers selected by the Air Force to attend law school. After Rupe completed Law School, he continued to serve in the Air Force, this time as an Attorney with the United States Air Force Judge Advocate Generalâs Corps and retired in the grade of Lieutenant Colonel after 20 years of service.
When Rupe returned home to North Carolina after retiring from the Air Force, he continued practicing law. His law practice at the firm, Walker Lambe focuses on Estate Planning, Special Assistance Planning and Elder law. Rupeâs focus is protecting families from the devastating legal effects of disability and death. Rupe uses his expertise to craft plans for clients concerned about preserving their hard-earned dollars and providing for their loved ones in case of disability or death.
Rupe is a member of the National Academy of Elder Law Attorneys (NAELA), the Durham Bar Association, the North Carolina State Bar and the North Carolina Bar Association. He is President of the non-profit organization, Jiti Foundation, a group focused on empowering young women, combating blindness, and transforming lives in rural India. He is the former Chair of the Elder Law and Special Needs Law Section of the NC Bar Association and former President, NC Chapter of NAELA.
https://www.walkerlambe.com/
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Meet Attorney Maren Calvert. Maren is a partner at the firm, Schwabe, Williamson & Wyatt where she focuses on Real Estate and Construction Law in Vancouver, Washington.
Maren attended the United States Air Force Academy where she was a Distinguished Graduate. She graduated from UCLA law school and had a very distinguished career in the USAF as both an active duty and reserve Judge Advocate (JAG). She retired from the United States Air Force Reserve in 2018. Maren has a varied background in both government and private sector.
In her private practice, Maren is adept both in and out of the courtroom. Maren currently negotiates land use applications, development agreements, and public/private partnerships. She appears in court and administrative hearings and is working to transform dispute resolution through her civil collaborative law and mediation practice. She loves to overcome regulatory hurdles and aspires to help her clients work with the government to responsibly grow and improve the economic and social health of our community. Before moving to Vancouver, Washington, Marenâs last military assignment was at the Pentagon. Maren has also practiced law at Horenstein Law Group in Vancouver; Alston Hunt Floyd & Ing (now Dentons) in Honolulu, and Skadden, Arps, Slate, Meagher & Flom, in Los Angeles.
Donât miss this episode as Maren explains the alternatives to the often expensive, time-consuming and stressful process that litigants face when taking disputes to court.
https://www.schwabe.com/
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BLUF: An Officer Grade Determination (OGD) is a very serious matter. You should definitely begin preparing before your Commander serves you the OGD notification memorandum and preferably before you submit your retirement request.
https://ferahozbek.com/
https://ferahozbek.com/officer-grade-determinations-ogds/
https://ferahozbek.com/officer-grade-determinations-the-tangibles-and-intangibles-of-retiring-at-a-lower-grade/
https://ferahozbek.com/officer-grade-determinations-ogds-what-you-need-to-know-now-before-you-even-think-about-retiring/
https://podcasts.apple.com/cz/podcast/mlm-91-officer-grade-determinations/id1292680966?i=1000551162044
AFI 36-3203, Officer Retirements, 29 January 2021
https://static.e-publishing.af.mil/production/1/af_a1/publication/afi36-3203/afi36-3203.pdf
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*A lawsuit was filed alleging that since the start of military operations in Iraq and Afghanistan, the Navy and Marine Corps discharged thousands of Sailors and Marines with Other Than Honorable ("OTH") or General (Under Honorable Conditions) ("GEN") statuses due to misconduct attributable to post-traumatic stress disorder ("PTSD"), traumatic brain injury ("TBI"), military sexual trauma ("MST"), and other behavioral health conditions ("OBH"). Furthermore, the lawsuit alleges that veterans who experienced PTSD, TBI, MST, or OBH in service and received OTH and GEN discharges were systematically denied status upgrades by the Navy Discharge Review Board ("NDRB"). The Navy has agreed to settle the lawsuit while denying these allegations.
The Court certified a class in this civil action (the âSettlement Classâ) defined as follows:
"Veterans who served during the Iraq and Afghanistan Eraâdefined as the period between October 7, 2001 and February 15, 2022âwho:
were discharged from the Navy, Navy Reserves, Marine Corps, or Marine Corps Reserve with less-than-Honorable statuses, including General and Other-than-Honorable discharges but excluding Bad Conduct or Dishonorable discharges; have not received upgrades of their discharge statuses to Honorable from the NDRB; and have diagnoses of PTSD, TBI, or other related mental health conditions, or records documenting one or more symptoms of PTSD, TBI, or other related mental health conditions at the time of discharge, attributable to their military service under the Hagel Memo standards of liberal or special consideration.â*verbatim text from https://www.mankersettlement.com/
Review the website above for more information
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Mr. Rudy Lopez never gave up and his resilience and persistent paid off. He filed his own petition in the Court of Federal Claims and was awarded a military retirement that was unjustly stolen from him while he was on active duty. This is Rudy's story.
Rudy is retired from the United States Navy where he served as Special Amphibious Reconnaissance Corpsman. During his impressive career with the Navy, Rudy deployed to Iraq three times and once to Afghanistan.
Rudy is currently employed as a North Carolina Private Investigator. He graduated from law school after leaving the Navy, earning his law degree from Valparaiso University. He also has a Master of Laws degree from Loyola University Chicago. Throughout law school, he has participated in internships helping military Veterans as well as interning at the U.S. Army Judge Advocate Defense Appellate Division.
Rudy now dedicates a portion of his time advocating for veterans before the Boards for Correction of Military or Naval Records as well as the Discharge Review Boards.
Rudy began his battle with the Navy while in Uniform by filing a petition with the Board for Correction of Naval Records (BCNR). He was discharged from the Navy before he got the BCNR decision, denying his petition. Rudy then filed his own petition as a pro se petitioner with the United States Court of Federal Claims. After seven years, Rudy was finally vindicated and the Navy BCNR provided full relief, which included a twenty-year constructive retirement and backpay. This is a story that exemplifies perseverance even when times are tough, and a man who never ever gave up, because he knew there was always hope.
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Attorney Mark Bridges Colonel (US Army, retired) opened his private law practice â Law Office of Mark A. Bridges â after a rewarding 30-year career as a military attorney in the US Army Judge Advocate Generalâs Corps. Mark is a recognized expert in military justice and criminal litigation and his law practice is exclusively focused on legal representation of Soldiers, Sailors, Airmen, Marines, and Coast Guardsmen who are under military investigation, facing adverse action, or pending trial by court-martial. During his military career, Mark served as the US Armyâs Chief Trial Judge, with a combined ten years of service as a trial judge presiding over court-martial trials. Mark also had the privilege of serving as the Staff Judge Advocate for the 25th Infantry Division & US Army, Hawaii, where he served as principal legal advisor to the Division Commander and supervised one of the Armyâs largest legal offices. In previous assignments, Mark served as a Prosecutor, Special Assistant US Attorney, Appellate Defense Counsel, Chief of Military Justice, and Senior Defense Counsel. He also had the privilege to teach as an Associate Professor in the Department of Law at the US Military Academy at West Point.
One of Markâs more interesting assignments came when he was a Major, assigned to the newly formed Office of Chief Defense Counsel, Office of Military Commissions. This was the office established soon after the 9/11 attacks to defend detainees at Guantanamo Bay, Cuba, pursuant to President George W. Bushâs military order establishing military commissions for the first time since World War II. Mark and his colleagues successfully challenged the military commissions system established by the President in cases before the US Supreme Court.
https://www.militarycriminaldefender.com/
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