As a former member of the military, I make it a priority to help my fellow servicemen and women get the justice they deserve. This is especially true when it comes to military discharges. If you find yourself in need of outside legal counsel as you attempt to upgrade your discharge status, we are here to help you through the process.
Below are the five most common questions we’re asked regarding military discharges. For more detailed information on any of the five points below, please refer to our Military Law & Uniform Code of Military Justice information page here.
1. Can I reapply for a military discharge review?
Yes, if you have applied to the Military Discharge Review Board (DRB) in the past without success, it’s possible to have your discharge reviewed again. In addition to assisting you with preparing a potential case to present to the DRB, an experience military discharge attorney can also advise you on how to go about beginning the reapplication process.
2. What are my chances of getting my military discharge status upgraded?
It’s important to note that success at any stage of the reapplication process is not guaranteed. That said, the following success rate statistics have been compiled and recorded by a third party and represent all filed BCMRs. As such, they are not the success rates of The Fitzgerald Law Firm, and are intended to be purely informational.
Success rates at the DRB level:
Navy (and Marine Corps) successful upgrades: 4%
Army successful upgrades: 41%
Air Force successful upgrades: 19%
Coast Guard successful upgrades: 1%
Success rates at the BCMR level:
Navy (and Marine Corps) successful record changes: 18%
Army successful record changes: 13%
Air Force successful record changes: 20%
Coast Guard successful record changes: 18%
On average, you are three times more likely to succeed at a DRB or a BCMR when you appear in-person or have the assistance of counsel.
3. What is the military discharge review board denies my upgrade? Is there any way to appeal?
If you initial reapplication to the DRB does not yield a desirable outcome, you may then appeal to the Board for Correction of Military Records (BCMR). This board is capable of overruling DRB decisions and ultimately correction your military records to reflect what they may or may not deem to be a valid upgrade.
4. How can hiring a military discharge attorney help?
On average, success rates concerning DRB or BCMR proceedings are three times higher when individuals appear in-person or have the assistance of legal counsel. If you are facing possible court-martial, it’s important to review the stipulations regarding outside counsel corresponding to your particular branch of the military.
5. Does The Fitzgerald Law Firm offer a discount to service members?
The Fitzgerald Law Firm offers a discount package usually adding up to 25% savings for those currently serving in the military or for individuals honorably discharged from duty.
If you’re a member of the military seeking outside legal council, contact us for assistance today.