Army Secretary McHugh’s Directive to ARBA
On September 3, 2014 DoD Secretary Hagel issued a memorandum to the Board of Correction of Military Records regarding discharge upgrade requests when there is an underlying issue of post traumatic stress disorder (PTSD). We previously blogged about this supplemental guidance at http://blog.finkrosnerershow-levenberg.com/va-benefits-news/sec-hagels-guidance-bcmnr-ptsd/.
On November 3, 2014,...
BCMR/DRB Link and Representation Military Discharge Upgrade
It is common that the Veterans Law Section of Fink Rosner Ershow-Levenberg gets inquires regarding military/veterans legal representation that are not specifically related to the Department of Veterans Affairs and Title 38. A common issue is veterans seeking representation to request a military discharge upgrade and/or correction of military records. Many veterans are confused on how to...
Army Law Review Article on OTH Discharge for Nat. Guard
In the July 2014 issue of The Army Lawyer, Captain Jeremy Bedford published an article entitled, “Eligibility for VA Disability Compensation and Health Care Benefits for Army National Guardsmen Discharged with an Other Than Honorable Discharge”. The article, accessible at Army Lawyer Article, OTH Discharge and VA Disability, discusses inter alia the situation where the service...
Sec. Hagel’s Guidance to BCM/NR for PTSD
On September 3, 2014, Secretary of Defense Chuck Hagel issued supplemental guidance to the Correction of Military/Naval Records (BCM/NR) for veterans seeking discharge upgrades when the underlying misconduct may have a relationship to service-related Post Traumatic Stress Disorder (PTSD). Service secretaries have been directed to implement the guidance within 45 days.
A copy of the directive...
New York Times Article on Effect of Discharge On VA Benefits
The linked New York Times Article details a class-action lawsuit filed by Yale Law School “against the armed forces arguing that he and other Vietnam veterans had post-traumatic stress disorder when they were issued other-than-honorable discharges.” The article describes one Vietnam veteran’s fight to have his discharge upgraded after being court-martialed, presumably during...