Representing Veterans in Discharge Upgrades: Appealing DOD Board Decisions in Federal Court

The Latest on the Law: Updates from the Boston Bar

Many of the men and women who served in the U.S. armed forces are cut off from veterans’ services and benefits because they were given a less-than-honorable discharge. They may have served in combat or have suffered physical or mental wounds, but are nevertheless unable to access much-needed treatment and support from federal and state veterans agencies because of their discharge status. In many cases, the origin of their need for support—for example, service-related post-traumatic stress disorder or having experienced military sexual trauma—also contributed to the conduct that led to their less-than-honorable discharges. Fortunately, DOD record correction boards can change these unjust discharges. Unfortunately, despite recent increases in grant rates, the boards still deny or only partially grant most applications. But there is another way: appealing to federal court.

This program will offer an in-depth training on appealing negative board decisions under the Administrative Procedure Act. A panel of experts will share their experiences and offer best practices for challenging board decisions. The discussion will cover the when, where and why of deciding to go to federal court, EAJA fees, recent class actions, and other strategic considerations.

This program builds upon prior discharge upgrade pro bono trainings. Attorneys who did not attend the prior trainings are welcome to attend this training. To access previous recordings and supporting materials, click the link here. Attorneys who are interested in volunteering to represent a veteran in a discharge upgrade with the Veterans Justice Pro Bono Partnership, a project of the Veterans Legal Clinic at the Legal Services Center of Harvard Law School, should contact Margaret Kuzma at [e-mail].

Questions? Inquiries about program materials? Contact Trenon Browne at [e-mail]