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Military Sexual Assault & Harassment Review

Not all discharge decisions are inherently final. Pursuant to federal law, each military branch maintains a Discharge Review Board (DRB) which meets regularly to review submissions and hear oral arguments in favor of applicants. Veterans seeking a discharge upgrade may, within 15 years from their military discharge, petition one of the following DRBs:

MJA has proudly helped veterans successfully upgrade their discharge characterization of service. Contact our military defense lawyers now to learn more.

Sexual Assault and Sexual Harassment

On August 25, 2017, the Department of Defense issued clarifying guidance to Military Discharge Review Boards and Boards for Correction of Military/Naval Records regarding requests by veterans for a discharge upgrade due to mental health conditions (including PTSD and TBI), sexual assault, or sexual harassment.

Requests for discharge relief typically involve four questions:

  1. Did the veteran have a condition or experience that may excuse or mitigate the discharge?
  2. Did that condition exist/experience occur during military service?
  3. Does that condition or experience actually excuse or mitigate the discharge?
  4. Does that condition or experience outweigh the discharge?

The new guidance explained that “liberal consideration” would be given to veterans petitioning for discharge relief when the application for relief was based in whole or in part on sexual assault or sexual harassment.

Supporting Evidence

Evidence supporting an incident of sexual assault/harassment could come from the veteran’s service record or from outside sources like “law enforcement authorities, rape crisis centers, mental health counseling centers, hospitals, physicians, pregnancy tests, tests for sexually transmitted diseases, and statements from family members, friends, roommates, co-workers, fellow servicemembers, or clergy.”

“Evidence may also include changes in behavior; requests for transfer to another military duty assignment; deterioration in work performance; inability of the individual to conform their behavior to the expectations of a military environment; substance abuse; episodes of depression, panic attacks, or anxiety without an identifiable cause; unexplained economic or social behavior changes; relationship issues; or sexual dysfunction.”

Discharge Review Boards are not required to find that a crime of sexual assault or an incident of sexual harassment occurred in order to grant liberal consideration to a veteran that the experience happened during military service, was aggravated by military service, or that it excuses or mitigates the discharge.

Contact us Today

Our Military Justice Attorneys are experienced in representing veterans before Discharge Review Boards and understand how to gather and persuasively present the best evidence for your case. Call us today for your free consultation.

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Our Battles Won

Results Matter. When your career, reputation, and freedom are on the line, you need an experienced law firm in your corner. With more than 75 years of combined legal experience, the attorneys at MJA know how to fight and win. Our results speak for themselves.

  • "NOT GUILTY" Fort Cavazos, Texas

    Fort Hood, Texas. Army Private Second Class (E-2) Acquitted of Rape and Sexual Assault Charges After Week-Long Trial.

    Sexual Assault

  • "NOT GUILTY" Parris Island, South Carolina

    Parris Island, South Carolina. Marine Staff Sergeant (E-6) Acquitted at Court-Martial of Hazing, Blood Striping, and Pinning.

    Court-Martial

  • "NOT GUILTY" Kings Bay, Georgia

    Kings Bay, Georgia. Master-at-Arms Third Class (E-4) Acquitted by Jury of Dereliction of Duty Involving Firearm.

    Court-Martial

  • "NOT GUILTY" Spangdahlem Air Base, Germany

    Spangdahlem Air Base, Germany. Senior Airman (E-4) Accused of Rape and Abusive Sexual Contact Acquitted by Military Judge.

    Sexual Assault

  • "NOT GUILTY" Fort Leonard Wood, Missouri

    Fort Leonard Wood, Missouri. Army Staff Sergeant (E-6) Acquitted of Sexual Assault, Harassment, Maltreatment, and Larceny.

    Sexual Assault

  • "NOT GUILTY" Quantico, Virginia

    Quantico, Virginia. Marine Corporal (E-4) Acquitted at Court-Martial of Wrongful Drug Use After Positive Urinalysis.

    Drug Use

When Your Career Is On The Line

Our decentralized approach to military defense ensures that we can represent service members from any branch of the military, of any rank, at any military base or installation stateside or abroad.

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