There are many reasons for general and other than honorable discharges other than criminal activity, weight and physical fitness issues to medical injury. While the Veterans Administration recently changed policy to accommodate emergency mental healthcare for all statuses of military discharge, those without an honorable discharge often struggle to receive benefits, employment, affordable education, and more. This is particularly devastating to those who were discharged for reasons beyond their control - or worse, occasions such as discharges linked to traumas like combat service or personal attack.
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Younger Veterans, take note: given we are now in year 15 for one war and year 17 for another, it is not only Vietnam Veterans facing this type of (notoriously difficult to win) appeal. If you need to appeal, get started early.
Like processing an appeal for disability ratings, no one should go through a discharge upgrade ordeal alone, be it through the DRB or the BCMR. Luckily, there are organizations out there to help, and fighting for legislation to change the process for “Bad Paper” discharges:
- When Heath Phillips. - a US Navy Veteran reported AWOL in 1988 and 1989 - was discharged with an Other Than Honorable status despite being repeatedly raped and beaten while on ship duty, it was devastating. Heath reported the crimes immediately but his supervisors did not prosecute the perpetrators, so the evidence for appeal was slim. After being turned down from both the DRB and BCMR on multiple occasions, he turned to New York’s Veterans Advocacy Project for assistance. Many pro bono (free) organizations will not fight the BCMR, but the head of the Project took on Heath’s case personally. In May 2018, 29 years after his discharge, Heath and his team finally received the good news that the Navy acknowledged his trauma and would upgrade his status to Honorable.
- Kris Goldsmith. - an Army Veteran discharged in 2007 - has a similar beginning to his case. He acknowledges he did miss the flight for his second deployment to Iraq, but it was because he was in the hospital after attempting suicide. Since he wasn’t diagnosed with PTSD until two months after his discharge, he lost two appeals for an upgrade. He now works for Vietnam Veterans of America as part of an ongoing legislative effort to compel the military to consider PTSD, Traumatic Brain Injury, and Military Sexual Trauma before administratively discharging personnel without access to benefits.
Numerous states have advocacy groups consisting of lawyers certified by the National Bar Association who provide free services to Veterans for appeals. There is also a volunteer networks of these lawyers coordinating among private practices for various discharge upgrades, and some networks of lawyers focusing specifically on PTSD, TBI, and MST-related Other Than Honorable discharge upgrades. Three things to remember when going through the process:
- Be cautious of organizations who request payment for legal services, especially payment which is not contingent on successful appeal. There are many pro bono options to exhaust first, and if you know of one which is not listed on www.pathfinder.vet please take a moment to share your knowledge with those who may be in need.
- Avoid disappointment. Be sure before requesting services the organization provides discharge upgrade appeal assistance and not only help with disability claim appeals.
- As Kris and Heath can attest, the fight is long and often traumatic in its own right as it goes through multiple appeals. The VA and other organizations provide mental health support regardless of discharge status. Taking care of yourself during the process is critical, whether you are the Veteran or the Caregiver.
Author’s Note: Huge thanks to Kris and Heath for publicly sharing their stories through multiple outlets, bringing hope to Veterans and their Families. We at Pathfinder.vet are proud to know you.