Undesirable discharge characterizations that block veterans' access to benefits

[JeffL-T]

Undesirable Discharge Characterizations (general discharges and below) can block veterans from receiving valuable treatment and compensation benefits to which they would otherwise be entitled (e.g. PTSD treatment and compensation). Many discharge characterizations were based on performance issues that now warrant reconsideration as service-connected PTSD, in accordance with the “PTSD Upgrade Memo” from the Secretary of Defense in 2014. Between 9% and 21% of veterans may qualify for benefits such as service-connected disability treatment, related compensation, healthcare, and the option of pioneering Veterans Treatment Courts (VTC) as alternate routes to justice. Personal appearances are allowed at Discharge Review Boards (DRB), but the boards are held almost exclusively in Washington DC at the veteran's expense. An online hearing process would allow an opportunity for personal appearances by those veterans that find travel to the DRB cost-prohibitive.

2014/15 fiscal Data:
Honorable: 78.29 percent
General – Under Honorable Conditions: 6.36 percent
Under Other Than Honorable Conditions: 2.09 percent
Bad Conduct: 0.49 percent
Dishonorable: 0.07 percent
Total = 9%, or 21% when considering uncharacterized or unknown.

[JeffL-T]

PTSD prevalence: Vietnam-15%, Gulf War-11%-20%, OIF/OEF 12%. Source is VA: http://www.ptsd.va.gov/public/PTSD-overview/basics/how-common-is-ptsd.asp

[JeffL-T]

...certain specific benefits, such as GI Bill education benefits, are only reserved for service members who receive an honorable discharge.

You are not likely to be eligible to receive any veteran benefits if you receive an [Other Than Honorable] discharge, but the Department of Veterans Affairs (VA) will examine the circumstances of your OTH discharge to determine whether you're eligible or not.

http://military-law.lawyers.com/veterans-benefits/discharges-and-their-effect-on-veteran-benefits.html

[christyleos]

Current "tools" for discharge upgrades:

• A form
• An article or two detailing the process

[kautif]

So, to be honest, this is unfamiliar territory for me. I'm interested in hearing what the process would be for a veteran in terms of making an online personal appearance and then the process for pitching that to DRB (correct?)

[JeffL-T]

Swords to Ploughshares have a section called How do the Boards operate? that explains the Personal Appearance Review process in very good detail. One way to pitch an online process to the DRB might be that it would relieve the travel burden to the veteran and also allow panel members to conveniently meet from their own offices. There would likely be no need for equipment procurement, but support would be a consideration.

[JeffL-T]

The BIG IDEA is to build an AV platform for remote personal appearances before the DRB, that allows submission of a list of issues for DRB consideration; documentary evidence, such as doctor statements, school diplomas, character references, and documents promoting clemency (for punitive discharges); be recordable; allow panel members to attend the board remotely from their workstations; allow veterans representative (likely an attorney) to attend from their workstation; allow instant messaging and caucus between veteran and their representative; allow all documents before the board to be shared with the veteran and their representative.