The Ultimate Guide to the Discharge Review Board (DRB)

LEGAL DISCLAIMER: This article provides general, informational content for educational purposes only. It is not a substitute for professional legal advice from a qualified attorney. Always consult with a lawyer or a VA-accredited representative for guidance on your specific legal situation.

Imagine you've been fired from a job. Years later, you realize the reason for your termination was unfair, based on a misunderstanding, or a personal crisis that wasn't your fault. Now, that “fired” status is a black mark on your record, preventing you from getting other jobs, benefits, and the respect you earned through years of hard work. For millions of American veterans, a less-than-honorable military discharge is exactly this—a heavy burden that can lock them out of crucial veteran_benefits, civilian job opportunities, and a sense of closure. The Discharge Review Board (DRB) is the first, and most important, avenue for these veterans to fight for their record. Think of it as a specialized review panel—a second chance. It is a formal body within each military branch specifically created to examine the circumstances of a veteran's discharge and determine if it was fair and just. It doesn't re-try a veteran for an offense; instead, it re-examines the process and the context. For a veteran struggling with the lifelong consequences of a difficult separation from service, the DRB represents a path to redemption, a way to reclaim their honor, and an opportunity to unlock the benefits they rightfully earned.

• Your Formal Second Chance: The Discharge Review Board is a panel of senior military officers that reviews a veteran's discharge to determine if it was improper (a legal or procedural error) or inequitable (unfair in the grand scheme of things).
• Unlocking Critical Benefits: Upgrading a discharge through the Discharge Review Board can be the key to accessing life-changing benefits, including gi_bill education funds, va_home_loan eligibility, and certain VA healthcare services.
• Strict Timelines and Rules Apply: A veteran generally has 15 years from the date of their discharge to apply to the Discharge Review Board, and the board has specific limits on what it can and cannot do (for example, it cannot overturn a discharge from a general_court-martial).

The concept of reviewing military discharges isn't new, but its modern form was forged in the aftermath of the largest military mobilization in American history: World War II. As over 16 million Americans served, the military discharged hundreds of thousands for reasons that, upon reflection, seemed unfair. Many were separated for “homosexuality” (then considered a mental illness), for minor disciplinary infractions under the immense stress of combat, or for what was termed “blue discharges”—an administrative discharge that disproportionately targeted African American service members and carried a heavy stigma. Recognizing this injustice and the need for a formal appeals process, Congress passed legislation establishing the Discharge Review Boards. The core idea was to provide a mechanism for veterans to argue that, given the full context of their service and any mitigating factors, their discharge was too harsh. This mission was codified into federal law, primarily in Title 10, Section 1553 of the united_states_code. This statute established the legal authority for the Secretary of each military department to create a DRB. The boards were empowered to review and, if warranted, change the characterization of a discharge or the reason for it. Over the decades, the focus of the DRBs has evolved with society's understanding of military service, particularly regarding mental health. The Vietnam War brought a new awareness of Post-Traumatic Stress Disorder (PTSD), and recent conflicts in Iraq and Afghanistan have highlighted issues like Traumatic Brain Injury (TBI) and military sexual trauma (MST), all of which are now given special consideration in DRB proceedings.

The entire existence and power of the Discharge Review Boards stem from a single section of federal law: 10_usc_1553. This is the foundational statute that every veteran, lawyer, and advocate must understand. The law states:

“The Secretary of the military department concerned shall establish a board of review, consisting of five members, to review the discharge or dismissal (other than a discharge or dismissal by sentence of a general court-martial) of any former member of an armed force under the jurisdiction of his department upon its own motion or upon the request of the former member…”

Let's break that down in plain language:

• “The Secretary of the military department concerned shall establish a board…“: This means each branch—Army, Navy, Air Force, Marine Corps, and Coast Guard—must have its own DRB. It's not optional.
• ”…consisting of five members…“: The board is a panel, not a single judge. It is typically composed of senior commissioned officers and, for enlisted applicants, at least one senior non-commissioned officer (NCO).
• ”…review the discharge or dismissal…“: This is their core function. They look at the paperwork, the evidence, and the story behind why a service member was separated.
• ”…other than a discharge or dismissal by sentence of a general court-martial…“: This is a critical limitation. DRBs cannot review the most serious punitive discharges that result from a general court-martial. Those cases must go to a different, higher-level board, the board_for_correction_of_military_records. They also cannot review a medical discharge.
• ”…upon the request of the former member…“: You, the veteran, have the right to request this review.

The law also gives the boards the authority to “change a discharge or dismissal to any other discharge or dismissal.” This is where the power to upgrade your discharge comes from.

While all DRBs operate under the same federal law (10_usc_1553), each military branch has its own board, procedures, and culture. Understanding these differences can be crucial. Below is a comparison of the primary DRBs.

What does this mean for you? While the legal standard is the same, the way your case is presented might be tailored slightly. An argument that resonates with the Army's NCO-heavy culture might be framed differently for the officer-centric Air Force board. This is where an experienced VSO representative or attorney can be invaluable.

To win your case before a DRB, you can't just say, “My discharge was unfair.” You need to prove it according to two specific legal standards: propriety and equity. Every DRB decision is based on one or both of these concepts.

A “propriety” argument is a claim that the military made a legal or procedural error when it discharged you. You are arguing that the military did not follow its own rules and regulations. This is a very technical argument.

• What it looks like:
  • You were supposed to receive formal counseling before being separated, but the paperwork shows you never did.
  • The regulation used to justify your discharge didn't actually apply to your specific situation.
  • There was a violation of your due_process rights during the separation proceedings.
• Hypothetical Example:

Private Smith was discharged with a General (Under Honorable Conditions) discharge for “minor disciplinary infractions.” His record shows three instances of being late for formation. However, the governing Army regulation at the time stated that a soldier must receive documented, formal counseling on a specific form after the second infraction before separation proceedings could begin. Smith's file has no record of this counseling. His discharge was therefore improper. The Army failed to follow its own rules.

An “equity” argument is a claim that, while the military may have followed the rules correctly, the final discharge was too harsh or unfair given the totality of the circumstances. This is the most common and often most successful type of argument.

• What it looks like:
  • You had an outstanding, unblemished record for three years, but a single mistake in your final month, driven by a crisis at home, led to an Other Than Honorable (OTH) discharge.
  • Your misconduct was a direct result of an undiagnosed condition like ptsd or TBI.
  • Your post-service conduct—years of steady employment, community service, and raising a family—demonstrates that your brief period of military misconduct was an aberration.
• Hypothelial Example:

Sergeant Jones served six years, including two combat tours in Iraq. She was a decorated NCO with glowing performance reviews. In her final year, after a close friend was killed in action, her behavior changed. She began drinking heavily and got into a fight, leading to an OTH discharge. A later diagnosis revealed she was suffering from severe, untreated PTSD. Her discharge was inequitable. While she technically committed the offense, it would be fundamentally unfair to permanently brand her with a negative discharge given the combat trauma that was the clear root cause of her actions.

• The Applicant (You): The most important person in the process. You are the veteran seeking the review. Your story, your evidence, and your arguments are the foundation of the case.
• Your Representative: You are not required to have a representative, but it is highly recommended. This can be a lawyer specializing in military law or, more commonly, an accredited representative from a veterans_service_organization (VSO) like the American Legion, Disabled American Veterans (DAV), or Veterans of Foreign Wars (VFW). They provide their services for free and are experts in this process.
• The DRB Panel: A panel of five senior military members from the respective branch. They act as the decision-makers, like a jury and judge combined. Their job is to listen to the arguments, review the evidence, and vote on whether to grant relief.
• The DRB Staff: Civilian and military administrative personnel who process the applications, schedule hearings, and handle the paperwork. They are neutral administrators, not advocates.

This section is a step-by-step guide to applying for a discharge upgrade. The process is manageable, but it requires careful preparation and attention to detail.

Before you begin, check two critical things:

• Time Limit: You must file your application within 15 years of your date of discharge. This is a strict deadline set by law. If you are past the 15-year mark, you are not eligible for the DRB, but you can still apply to the board_for_correction_of_military_records (BCMR), which has a more flexible (though not guaranteed) 3-year timeline that can be waived.
• Type of Discharge: The DRB can review any discharge except one issued by a general_court-martial or a medical discharge. It can review Honorable, General (Under Honorable Conditions), and Other Than Honorable (OTH) discharges. It can also review an Entry-Level Separation. It cannot upgrade a Bad Conduct Discharge (BCD) or a Dishonorable Discharge (DD) that came from a Special Court-Martial into an Honorable discharge, but it can potentially raise it to a General discharge.

This is the most important step. Your argument is only as strong as your proof. You need to collect two sets of records:

• Your Military Records: The absolute must-have is your dd_form_214. You also need your complete Official Military Personnel File (OMPF). You can request these for free from the national_archives_and_records_administration (NARA). This file contains everything: your performance reviews, awards, training records, and the negative paperwork that led to your discharge.
• Your Supporting Evidence: This is where you build your case for equity.
  • Medical Records: Any records related to mental health (PTSD, TBI, depression), substance abuse treatment, or physical injuries.
  • Character References: Letters from employers, clergy, community leaders, family, and friends who can speak to your character *after* your military service.
  • Proof of Post-Service Accomplishments: College degrees, certificates, proof of steady employment, awards, business licenses, etc.
  • “Buddy Letters”: Statements from fellow service members who can provide context about the events that led to your discharge or attest to your good service.

The official application is the dd_form_293, “Application for the Review of Discharge from the Armed Forces of the United States.”

• Download the Latest Version: Always get the form directly from the official DoD website to ensure you have the current version.
• Be Neat and Thorough: Fill it out completely. Type it if possible.
• The “Issues” Section: This is the heart of the application. You will be asked to list why you believe your discharge was improper or inequitable. You don't need to write a full legal brief here, but clearly and concisely state your main arguments. For example: “My discharge was inequitable because my misconduct was an out-of-character result of undiagnosed PTSD from my combat deployment.”

While not required, a personal statement is your chance to speak directly to the board. Explain what happened in your own words. Take responsibility for your mistakes, but also provide context. Explain the challenges you were facing, what you've done with your life since your discharge, and why an upgrade is important to you. Be honest, respectful, and sincere.

You have two choices for your review:

• Records Review: The board will make its decision based solely on the paperwork you submit. This is faster and requires no travel.
• Personal Appearance Hearing: You (and your representative) appear before the board in person (or recently, via video conference). This allows you to tell your story directly and answer the board's questions. Statistically, applicants who appear in person have a significantly higher success rate. If at all possible, request a personal hearing.

Assemble your complete package: the DD Form 293, your military records, and all your supporting evidence. Make a complete copy for your own records. Send the original package via certified mail with return receipt requested to the address for your specific service branch's DRB (the address is on the DD Form 293).

• dd_form_293 (Application for Review): The mandatory, official application form. This initiates the entire process.
• dd_form_214 (Certificate of Release or Discharge from Active Duty): This is the single most important document summarizing your military service. Your application is incomplete without it. The “Character of Service” (e.g., Honorable, OTH) is what you are trying to change.
• Supporting Evidence Packet: This isn't a “form,” but a collection of documents you assemble. This packet is what wins cases. It should include medical records, letters of support, educational transcripts, and proof of employment, all clearly organized and labeled.

Unlike civilian law, which is often shaped by supreme_court cases, DRB law is heavily influenced by policy memorandums issued by the Secretary of Defense or the service Secretaries. These memos provide “liberal consideration” guidance, instructing the boards to give special weight to certain conditions.

• The Backstory: For decades, veterans whose misconduct was clearly linked to combat-related PTSD were often discharged under Other Than Honorable conditions. They were treated as discipline problems, not medical casualties. As scientific understanding of PTSD grew, advocacy groups pushed the department_of_defense to recognize this injustice.
• The Guidance: In 2014, memos from Under Secretary of Defense Jessica Kurta and Secretary of Defense Chuck Hagel directed the DRBs and BCMRs to apply “liberal consideration” to all applications where a medical diagnosis of PTSD or related conditions exists.
• Impact on Veterans Today: This is arguably the most significant policy change in modern DRB history. If a veteran has a diagnosis of PTSD, TBI, or other mental health conditions, the board must give special weight to the possibility that the misconduct leading to the discharge was caused by that condition. It creates a powerful presumption in the veteran's favor.

• The Backstory: For most of the 20th century, military policy mandated the discharge of any service member discovered to be gay or lesbian. From 1994 to 2011, the “Don't Ask, Don't Tell” (dadt) policy continued this practice, though with different rules. Tens of thousands were discharged, often with OTH characterizations, simply for their sexual orientation.
• The Guidance: Following the repeal of DADT, the DoD issued guidance, clarified by the 2017 Carson Memo, to give liberal consideration to veterans discharged under these old policies. The guidance states that homosexuality is not a bar to service and should not be a basis for a negative discharge.
• Impact on Veterans Today: A veteran discharged solely for their sexual orientation now has a very high probability of receiving an upgrade to Honorable. The DRBs are instructed to grant relief in these cases, provided there was no other serious misconduct.

• The Backstory: Building on the success of the PTSD guidance, advocates pushed for similar consideration for other conditions often linked to military service and misconduct.
• The Guidance: This memo from the Secretary of Veterans Affairs, acting on behalf of the administration, reinforced and expanded the liberal consideration standard. It specifically directed the boards to consider conditions like military sexual trauma (MST), substance abuse that may be linked to mental health issues, and other mitigating factors.
• Impact on Veterans Today: This memo empowers veterans to connect their misconduct to a wider range of service-related issues. For example, a victim of MST who later engaged in misconduct now has a stronger basis to argue that their actions were a result of the trauma they endured.

The DRB system is not without its challenges. The biggest ongoing debates include:

• Inconsistency: Success rates can vary significantly between the different service branch DRBs, suggesting that the application of the law is not uniform. A case that might win at the AFDRB could lose at the ADRB, leading to claims of unfairness.
• Case Backlogs: Some boards, particularly the Army's, face enormous backlogs, meaning veterans may wait two years or more for a decision or a hearing. This “justice delayed is justice denied” problem can be incredibly frustrating for applicants.
• The “Presumption of Regularity”: The boards begin with the legal presumption that the original discharge was correct. The burden of proof is entirely on the veteran to overcome this presumption. Many advocates argue this should be reversed or lessened, especially in cases involving trauma.

• Virtual Hearings: The COVID-19 pandemic forced the DRBs to adopt video teleconferencing for hearings. This has proven to be a massive benefit, allowing veterans to have a personal hearing without the prohibitive cost of traveling to Washington, D.C. This practice is likely to continue and expand.
• Moral Injury: There is a growing understanding of “moral injury”—the psychological harm that can result from actions that violate one's moral code. Many believe this is a distinct phenomenon from PTSD and may be a cause of misconduct. Future DoD guidance may direct the boards to give liberal consideration to cases where moral injury is a factor.
• Legislative Changes: Congress periodically considers legislation to reform the discharge review process. Future laws could standardize procedures across all branches, create a single, unified DoD-level review board, or change the 15-year statute of limitations for applying to the DRB.

• board_for_correction_of_military_records (BCMR): A higher-level board that can correct any military record, with fewer limitations than a DRB.
• character_of_service: The type of discharge a veteran receives (e.g., Honorable, General, OTH).
• dd_form_214: The essential document a veteran receives upon separation that details their service.
• dd_form_293: The official application form used to request a review from a DRB.
• equity: A legal standard based on fairness and justice in the overall context of a case.
• general_court-martial: The highest level of military trial, for the most serious offenses. DRBs cannot review these.
• liberal_consideration: A specific instruction from the DoD for boards to give special, favorable weight to certain evidence, such as a PTSD diagnosis.
• military_sexual_trauma (MST): A term for sexual assault or harassment that occurs during military service.
• other_than_honorable (OTH): A form of administrative discharge that is considered negative and can bar a veteran from most VA benefits.
• propriety: A legal standard based on whether the military followed its own laws and regulations correctly.
• ptsd: Post-Traumatic Stress Disorder, a mental health condition that can be caused by experiencing or witnessing a traumatic event.
• statute_of_limitations: The legal time limit to file a case; for the DRB, it is 15 years from discharge.
• traumatic_brain_injury (TBI): An injury to the brain caused by external force, often from explosions in combat.
• veteran_benefits: A range of services provided by the Department of Veterans Affairs, including healthcare, education, and loans.
• veterans_service_organization (VSO): Non-profit groups chartered by Congress to assist veterans with their claims (e.g., American Legion, DAV).

• board_for_correction_of_military_records
• dd_form_214
• veteran_benefits
• gi_bill
• ptsd_and_veterans_law
• uniform_code_of_military_justice
• department_of_veterans_affairs