Military Discharge Upgrade Legal Practice Manual (eBook)

This landmark publication—the first of its kind in 30 years—enables advocates to successfully represent veterans who unjustly received less-than-honorable or other stigmatizing discharges. Written by attorneys from the Legal Services Center of Harvard Law School's Veterans Legal Clinic and Connecticut Veterans Legal Center, this book helps bring honor and life-altering benefits to veterans.

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Praise for Military Discharge Upgrade Legal Practice Manual"e;This book represents in every way the intent of my 2014 PTSD memo instructing a review of less-than-honorable discharges. I hope it will help grow the field of discharge upgrade advocacy so all veterans with unjust or erroneous discharges will have their service to our country recognized. We owe every veteran nothing less."e; -Chuck Hagel, Secretary of Defense (2013-2015), U.S. Senator (1997-2009), Vietnam Veteran"e;An Honorable Discharge is a point of great pride and achievement for every veteran and it must remain so. However, there are cases where a service member's discharge does not recognize all the factors contributing to conduct, especially the effects of PTSD and other neurological and psychological issues. It is here that the Military Discharge Upgrade Legal Practice Manualprovides a major contribution. It presents a comprehensive and detailed explanation of all aspects of the discharge review process. It allows individuals and their counselors to understand their rights and the procedures necessary to reassess a discharge. The authors have made a valuable contribution to all who have served."e; -Senator Jack Reed, Rhode Island, Chairman, Senate Armed Services Committee; US Army Veteran"e;This is one of the rare books that can change lives for much the better [T]he steps of action and detailed analysis provided here will assist hundreds of thousands of former service members barred from the vital assistance they need to heal and reintegrate into civilian society. Those who have served the country deserve no less."e; -Martha Minow, 300th Anniversary University Professor, Harvard UniversityThe need for a comprehensive guide to discharge upgrade practice could not be more critical. A 2020 report found that hundreds of thousands of veterans have been, or are at risk of being, unjustly denied benefits because they have received less-than-honorable discharges. Many of these veterans have experienced trauma (including combat trauma and Military Sexual Trauma), mental health conditions or medical conditions (such as Post-Traumatic Stress and Traumatic Brain Injury), or discrimination (based on race, sex, or LGBTQ status) while in the military.The Manual covers fact investigation, legal research, and case strategy in advocating for discharge upgrades before military review boards. Each representation stage receives detailed attention, from initial intake to administrative proceedings to federal court review.