Wilkie Memo Guidance for Military Discharge Review Boards

DOD Memoranda Guiding Discharge Review Boards on PTSD, TBI, and MST

This article provides of import information to veterans with less-than-honorable discharges who desire to upgrade their discharge based on in-service mental health conditions or experiences.

Department of Defense force Memoranda Guiding Discharge Review Boards

The data below will offer key guidance to those want to upgrade their discharge based on mental health conditions and focuses particularly on post-traumatic stress disorder (PTSD ), traumatic brain injury (TBI), military sexual trauma (MST ), and related atmospheric condition. In short, there have been many recent favorable changes that make it more likely for veterans to receive a belch upgrade, even if they were denied one in the past.

Groundwork

In the early years of the wars in Afghanistan and Iraq, the military customs did not understand the total affect that PTSD , TBI, or MST could accept on the lives of veterans. Equally the wars progressed, notwithstanding, these weather condition and experiences became meliorate understood. The Department of Defense (DoD) responded to this new knowledge by issuing a serial of memoranda. These memoranda stated that PTSD , TBI, MST , and related weather condition could contribute to in-service misconduct, which in turn can atomic number 82 to a less-than-honorable belch from the service.

Congress has also enacted several statutes in contempo years mandating more careful and generous handling of discharge upgrade applications based on PTSD , TBI, or MST . Together, these new laws and DoD memoranda have increased the likelihood that veterans who experienced PTSD , TBI, MST , or similar conditions will have their less-than-honorable discharges upgraded. Three of these memoranda are particularly important for veterans applying for a discharge upgrade who are diagnosed with, show symptoms of, or are affected by, PTSD , TBI, MST , or other behavioral health weather. Another memorandum applies to all veterans seeking an upgrade based on injustice or unfairness.

Known as the Hagel, Kurta, Wilkie, and Carson memoranda, these documents direct that veterans who satisfy certain conditions receive "liberal consideration" from Belch Review Boards (DRBs) and Boards for Correction of Military/Naval Records (BCM/NRs). Amidst other things, liberal consideration requires that Boards determine whether PTSD , TBI, MST , or other mental health conditions mitigate and outweigh misconduct when reviewing a belch upgrade awarding.

A veteran who might meet the weather condition in these memoranda should include relevant show forth with their discharge upgrade application. Veterans who provide relevant bear witness volition arrive easier for a Board to grant their application.

Hagel Memorandum

The Sept. 2014 Hagel Memorandum requires that Boards give "liberal consideration" to applications by veterans that certificate one or more symptoms of PTSD or related conditions. Special consideration is given to Department of Veterans Affairs determinations related to these weather condition, especially when they connect events from a veteran'south military machine service to these symptoms. The memo describes several means in which veterans tin can document bear witness of PTSD or related conditions. Though service treatment records that contain diagnoses or symptoms of PTSD or related conditions are very relevant, the Hagel Memorandum provides more than examples of relevant evidence. For case, diagnoses or records from non-VA civilian doctors can be relevant testify. Moreover, Boards must consider whatever other evidence submitted past a veteran that suggests the veteran was afflicted by a mental health condition in service. Any prove that connects a mental wellness condition to in-service misconduct is likewise very relevant, according to this Memo.

You can read the full Hagel Memorandum by clicking here.

Kurta Memorandum

The Aug. 2017 Kurta Memorandum greatly expands on the Hagel Memorandum and clarifies how discharge upgrade applications that document PTSD , TBI, MST , or other mental health conditions should exist reviewed by the Boards. The Kurta Memorandum specifically emphasizes that the invisible wounds left by these injuries are ofttimes hard for Boards to sympathize and the reality of these wounds can often be overlooked. The Kurta Memorandum therefore lists sure events or markers that might betoken that a veteran was experiencing a mental wellness status, fifty-fifty if they were not diagnosed or acknowledged during their service. The Kurta Memorandum sets out four questions with accompanying comments that DRBs and BCM/NRs should utilize to guide their review in these cases.

Y'all can read the full Kurta Memorandum by clicking here.

We also encourage yous to read StatesideLegal's more in-depth page here discussing the Kurta Memorandum.

Wilkie Memorandum

The July 2018 Wilkie Memorandum emphasizes the importance of granting discharges to ensure cardinal fairness and directs the Boards to consider both clemency and rehabilitation in their decision-making process. It lists many factors that Boards should consider when determining whether to upgrade a veteran's discharge status is in the interest of fundamental fairness. This Memorandum requires Boards to consider many factors, such equally the applicant's candor, whether the bidder accepts responsibility for their misconduct, character references, and the applicant's acquit subsequently their belch. The Wilkie Memo emphasizes the value of rehabilitation over achievement. It also recognizes that a veteran's service does not take to be flawless to be considered Honorable.

You can read the full Wilkie Memorandum by clicking here.

Carson Memorandum

The February. 2016 Carson Memorandum allows veterans with certain mental health conditions to apply to BCM/NRs, just not DRBs, no affair how long agone they were discharged. It also allows veterans whose applications were previously denied past the Board to apply again and accept their application benefit from the Hagel Memorandum (besides as other new memos). When veterans reapply, the Board is required to brand an entirely new conclusion and not consider whatever past rejection when reviewing the new application.

Yous tin can read the full Carson Memorandum by clicking here.

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Published Nov. 2020

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Source: https://www.statesidelegal.org/dod-memoranda-guiding-discharge-review-boards-ptsd-tbi-and-mst

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