Military Discharge Lawyer

Your Career and Benefits On The Line

They say we are not a “one-mistake military.” But in today’s military, service members are being involuntarily discharged every day. With so much on the line, you want an experienced team that has your back.

You have worked hard to build a career you can be proud of. You went through basic training, technical training, and years of service for your country. But now, your command wants to involuntarily discharge you. It is imperative that you understand your rights, submit a persuasive response, and give yourself the best chance at preserving your career.

A military discharge threatens both your career and your future VA benefits. Therefore, it is critically important that you give yourself the best chance of success. Depending on the reasons for your discharge and the characterization of your service, you could lose some or all of your military benefits. At this critical moment, you need an experienced team of military justice professionals working on your case.

Our Process

1. Confront the Allegations

If you’re facing discharge, odds are that your case has been investigated and adjudicated. At this point, you need a legal team that is willing to fully confront the allegations against you.

2. Build Your Defense

We work tirelessly to develop evidence in your defense, trying to stop your involuntary discharge. This is your last chance to fight for your career.

3. Provide a Persuasive Response

You need to submit a well-researched and persuasive response to any discharge action. Doing so will give you the best chance to save your career and preserve your VA benefits. Our team is here to help!

4. Apply for Upgrade

If your are discharged, the fight isn’t over. We routinely help former military members apply to the service boards for a discharge upgrade, recapturing lost VA benefits.

Discharge / ADSEP Process

Generally, your command will notify you in writing of their desire to involuntarily discharge you from the service. You are then given a very short window of time, often just three to seven days, to research your case, develop a defense, and submit a persuasive response. It is imperative during this time that you work with an experienced military justice team that will fight for you.

Service Characterizations

Upon discharge, your service may be characterized in the following manners:

Honorable. An honorable discharge is a separation with honor. The honorable characterization is appropriate when the quality of the member’s service generally has met the standards of acceptable conduct.
Under Honorable Conditions (General). A general discharge is a separation from the military under honorable conditions. When authorized, it is issued to a member whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge.
Under Other Than Honorable Conditions (OTH). A discharge under other than honorable conditions is an administrative separation from the service under conditions other than honorable. It often involves serious misconduct.

VA Benefits

The “characterization” of your service determines how the Department of Veterans Affairs will provide you benefits. Although every case is different, the following rules generally apply:

If your service is characterized as Honorable, you are entitled to all VA benefits.
If your service is characterized as Under Honorable Conditions (General), you are not eligible for the GI Bill. However, you are likely to be eligible for all other VA benefits (disability compensation, hospital care, etc.).
If your service is characterized as Under Other Than Honorable Conditions (OTH), you are likely to lose all VA benefits, including the GI Bill, disability compensation, and medical care.

Applying for an Upgrade

At The Military Defense Firm, we routinely help former military members apply for a discharge upgrade after they are involuntarily separated from the military. This application requires you to apply to a specific service board using a DD Form 293. Your best chance of success during a “discharge upgrade” application is to gather evidence showing that your discharge resulted from an error or injustice. Our team can help!