The Mayer Law Blog

The Army Discharge Review Board: A Quick Guide

Posted November 21st, 2024 in General

The Army Discharge Review Board: How It Works and Why It Matters for Veterans

For Army veterans looking to upgrade their discharge status or change the reason for separation, the Army Discharge Review Board (ADRB) is the pathway to seek relief. The type of discharge on a veteran’s DD-214 can have lasting effects on employment opportunities, access to VA benefits, and overall reputation. This guide explains what the Army Discharge Review Board is, how it operates, and how veterans can improve their chances of a successful outcome.

What Is the Army Discharge Review Board (ADRB)?

The Army Discharge Review Board (ADRB) is a panel established by the U.S. Department of the Army to review discharge statuses. Its mission is to determine if a former Army service member’s discharge status was fair and consistent with military regulations. The ADRB has the authority to change the character or reason for a veteran’s discharge, provided the veteran meets specific eligibility requirements and submits a complete, compelling case.

The board can upgrade discharges from:

  • General to Honorable
  • Other Than Honorable (OTH) to a more favorable status
  • Bad Conduct Discharge may be upgraded, if received from a Special Court-Martial.

Who Can Apply for an Army Discharge Review?

To be eligible for a review by the ADRB, veterans must meet these primary criteria:

  • The discharge must have occurred within the last 15 years.
  • The discharge must not have been part of punishment imposed by a General Court-Martial.

Veterans who have exhausted the ADRB process may pursue further review through the Army Board for Correction of Military Records (ABCMR), which can review discharges beyond the 15-year limit.

Why Seek a Discharge Review?

Upgrading a discharge or changing the reason for separation can have life-changing impacts. Veterans with an upgraded discharge may gain access to full VA benefits, improved job prospects, and other essential resources.

Benefits of a successful ADRB review include:

  • Restoration of VA Benefits: VA health care, GI Bill benefits, disability compensation, and other resources often require an honorable or general discharge.
  • Improved Employment Opportunities: Many employers review discharge statuses when hiring veterans. An upgraded discharge is generally viewed more favorably.
  • Personal Recognition and Peace of Mind: Upgrading a discharge can provide validation and closure for veterans who believe their original discharge was unfair or due to circumstances beyond their control.

Types of Discharges the ADRB Reviews

The ADRB can review the following types of discharges:

  1. Honorable Discharge
  • Veterans who believe the reason for their discharge is incorrect or unfair may seek a review to update this information.
  1. General Discharge (Under Honorable Conditions)
  • This status reflects satisfactory service but includes some minor disciplinary actions. Upgrading to an honorable discharge may be possible, depending on the case’s details.
  1. Other Than Honorable (OTH) Discharge
  • An OTH discharge can restrict VA benefits and civilian opportunities. Veterans with service-related mental health issues, such as PTSD or TBI, have had success upgrading OTH discharges in certain cases.
  1. Bad Conduct Discharge
  • Typically issued after a court-martial, a Bad Conduct Discharge is rarely upgraded unless compelling new evidence supports the veteran’s case.
  1. Entry-Level Separation
  • Issued for those discharged within the first 180 days of service, an Entry-Level Separation may be neutral but can impact some benefits and opportunities.

How to Apply to the Army Discharge Review Board

To begin the review process, veterans need to follow these steps:

  1. Submit Form DD-293: The application form, DD-293, is available through the Army’s website or VA offices. This form allows veterans to request a discharge upgrade, change of discharge reason, or both.
  2. Gather Supporting Documentation: A well-documented case is essential. Veterans should gather medical records, performance evaluations, letters from former commanders, and personal statements. Documentation of rehabilitation, work history, and community involvement can also strengthen the case.
  3. Write a Personal Statement: The personal statement is a chance to explain why the discharge should be upgraded, what happened, and how circumstances may have changed since separation. Veterans with service-related mental health issues should detail any diagnosis or evidence of how these factors may have impacted their conduct.
  4. Request a Hearing (Optional): Veterans can choose to have a records review or request a personal hearing before the ADRB in Washington, D.C. In-person hearings provide a chance to present the case directly but may require travel expenses.
  5. Consider Legal Representation: Many veterans find success with the help of a civilian lawyer who specializes in military law. Legal representation can ensure the application is thorough, all evidence is included, and the case is presented effectively.

What to Expect During the ADRB Process

The ADRB evaluates each application on a case-by-case basis, considering the applicant’s military service, conduct, and any extenuating circumstances. It will either review the documents provided or hold a hearing, depending on the applicant’s preference. The board will make one of three decisions:

  • Grant: The board approves the request and upgrades the discharge or changes the reason for separation.
  • Partial Grant: The board partially upgrades the discharge or changes some but not all of the requested aspects.
  • Deny: The board denies the request, maintaining the current discharge status.

Processing times vary, but veterans should generally expect several months for a decision. The ADRB will notify the applicant of its decision in writing.

Key Factors for a Successful Discharge Upgrade

  1. Strong Documentation: Every claim must be backed by relevant evidence, from medical records to character references.
  2. Service-Related Health Issues: Veterans with documented mental health conditions like PTSD, especially if undiagnosed or untreated during service, may have a stronger case for an upgrade.
  3. Good Post-Service Conduct: Demonstrating personal growth, such as steady employment, community involvement, or further education, can reflect positively on an application.
  4. Legal Representation: A lawyer specializing in military discharge reviews can provide strategic insight, help organize the application, and increase the chances of success.

In Conclusion: Why the Army Discharge Review Board Matters

The ADRB offers veterans a second chance to seek fairness in their discharge status, often opening the door to benefits, employment opportunities, and the recognition they deserve. Whether due to mental health challenges, misunderstandings, or other circumstances, an upgraded discharge can be transformative for veterans. Preparing a complete, well-supported application is key to achieving a positive result from the Army Discharge Review Board.

For veterans considering a discharge review, consulting with an experienced civilian attorney can make a significant difference. A skilled lawyer will guide you through each step, helping you present your case in the most compelling way possible. The ADRB represents hope and justice for veterans who feel their discharge does not reflect their true service, dedication, and contributions.



Leave a Reply