A. Discharge Upgrade
If your discharge paperwork (DD214) states anything less then an Honorable Discharge (General Under Honorable Conditions, Other Than Honorable, Bad Conduct Discharge or Dishonorable) you have the opportunity to upgrade your discharge within a certain amount of time. Depending on whether you received your characterization from a Court-Martial or administrative separation, your case will either go to the Discharge Review Board Agency or Board of Corrections of Military Records.
FACT: Discharge upgrades are an uphill battle. You must have your case, facts and documents in order. Be wary of attorneys who say “no problem” to upgrading your discharge – These are hard fought battles.
You have two ways to appeal your case:
1. In-person appearance before the board which since the pandemic means depending on the branch of service either a phone conference with the board member or a “zoom” hearing; or
2. “Record Review” – a “record review” is an written appeal submitted to the Board.
It is the recommendation of the Board and Ms. Gorecki to first do a “record review” and if this is not successful, then request an in-person appearance. If you first do an in-person appearance and the Board declines to upgrade our discharge you cannot then request a “record review.” Either way, let the Law Office of Anita Gorecki represent you. Different statute of limitation apply depending on the case so call today or fill out the contact form below and we will get back to you shortly with your free consultation.
B. STEP ONE – Get Your Records!
Before any law office can evaluate your case, you MUST have you records. The Board will do the same when you appeal. Prospective clients often ask, “do you think I can win?”, my response is always, “I need to review you records first.” It is like calling a mechanic on the phone and saying “my car is making odd noises, what do you think it is and how much will it cost?”, the mechanic will tell you to bring in the car, same here.
Two places to retrieve you records:
- https://www.ebenefits.va.gov/ebenefits/homepage
- https://www.archives.gov/veterans/military-service-records
Once you have your records, please email them to: Agrlawoffices@gmail.com and we can review them and let you know the cost to file you appeal or apply for an in-person hearing.
C. BEWARE
Beware, the two forms to apply for a upgrade, DD 149 and DD 293, appear very simple, for example, the form has a small box that states:
“6. I BELIEVE THE RECORD TO BE IN ERROR OR UNJUST FOR THE FOLLOWING REASONS:”
Most people, write down a sentence or two and send it and a year later, the decision comes back from the board, DENIED. The Board is looking for irregularities in the process, regulations and the law along with any “equitable” arguments that can be made. Attorney Anita Gorecki was an Active Duty Army JAG who reviewed hundreds of separations as a Senior Trial Defenses Attorney and therefore knows what documents in your record to look for as per the regulation and what you should have been advised of at the time of your discharge. For example, many former Service-Members do not know that if they received an Other Than Honorable Discharge they were entitled to a separation board before they were separated. Based on her experience, Attorney Anita Gorecki can spot the legal issues in your case therefore strengthening your chances of getting your discharge upgraded.
Please be aware, discharge upgrades are an uphill battle, they don’t simply hand out upgrades and it is a very long process from the time your discharge is submitted.
Lastly, please be aware that you only have TWO opportunities with the Discharge Review Board Agency, do not waste it by not being prepared. In a tough economy and job market, your discharge paperwork may make the difference in getting a job – don’t let a bad discharge follow you around!
D. PTSD UPDATE:
The Army Board of Corrections for Corrections of Military Records will now put extra emphasis on PTSD cases. “On September 3, 2014, the Secretary of Defense issued a memorandum providing guidance to the Military Department Boards for Correction of Military/Naval Records (BCM/NR) as they carefully consider each and every petition brought regarding under other than honorable conditions discharge upgrade requests by veterans claiming Post Traumatic Stress Disorder (PTSD). This includes a comprehensive review of all materials and evidence provided by the applicant.
This policy guidance is intended to ease the application process for veterans who are seeking redress and assist the Boards in reaching fair and consistent results in these cases. The guidance also mandates liberal waivers of time limits, ensures timely consideration of petitions, and allows for increased involvement of medical personnel in Board determinations.
The new guidance provides that liberal consideration will be given by Military Department Boards for Correction of Military/Naval Records (BCM/NR) in petitions for changes in characterization of service. The supplemental guidance outlines specifically what type of records and evidence will be given special and liberal consideration by the boards.”
E. Testimonials
“Word’s cannot describe what Anita Gorecki-Robbins has done for me. After five long years of an ugly stigmatism because of an General Under Honorable Conditions discharge from the Marine Corps, Anita finally got me what I deserved, my Honorable Discharge. She was phenomenal from the time I first called her on the phone, to the phone meetings we had, to her work at the hearing, and even to right now. She always showed that she genuinely cared about my well-being, and always made me feel comfortable while talking to or meeting with her. I would highly recommend her to anyone who is seeking counsel in any area of her expertise. Once again, Thank You Anita!” – A.B.
“You are making all other attorneys look very, very bad. They would not appreciate the way you treat people with respect, do what you say you will, respond to emails and phone calls at lighting fast speeds and all at no extra charge! You are the only attorney that I like and probably ever will. Thank you for all your time on this!!” – D.B.
“I was discharge from the U.S. Army under other than honorable conditions for misconduct in May of 2008. Due to the misconduct, I was denied all VA benefits, including medical treatment for my service connected injuries “PTSD” from the war in Iraq. I was denied two times for an upgrade to my discharge by the Army Discharge Review Board Agency. The first time by a record review board and the second time by a personal appearance hearing before the board. I contacted several lawyers seeking guidance on requesting a reconsideration due to the new guidance from the Secretary of Defense on September 3, 2014. Every lawyer I contacted said “there is no way you will ever get a reconsideration, don’t even try”. I had given up all hope, until I contacted Lawyer Anita Gorecki-Robbins and she said “let’s give it a shot”, I knew right then that she was a fighter! Through Anita’s diligences and hard work, she got me a new hearing and my discharge upgraded to a full honorable. She was professional, informative, efficient and effective throughout the entire upgrade process. Words can’t express my gratitude to Anita, she saved my life! I’m now eligible for the VA benefits I earned, including healthcare! Thanks to Anita, I can now start a new chapter in my life! I would highly recommend Anita as your lawyer, she is aggressive and highly experienced in military law. She is amazing!” -J.Q.
“That’s fantastic news & I can’t tell you how bad I needed some good news right now!!!
Thank you soo very much for the extraordinary work you did and the resulting outcome from it. You’re a friggin rockstar!!!
Phenomenal job!! You’ve helped me remove a misrepresenting stain on my character. Thank you! Thank you! Thank you!” – J.M.
Links:
Air Force – http://www.af.mil/AboutUs/FactSheets/Display/tabid/224/Article/104511/air-force-review-boards-agency.aspx
Army – http://arba.army.pentagon.mil
Navy and Marine Corps –http://www.public.navy.mil/asnmra/corb/NDRB/Pages/Naval%20Discharge%20Review%20Board.aspx