"This book represents in every way the intent of my 2014 PTSD memo instructing a review of less-than-honorable discharges. I hope it will help grow the field of discharge upgrade advocacy so all veterans with unjust or erroneous discharges will have their service to our country recognized. We owe every veteran nothing less."
-Chuck Hagel, Secretary of Defense (2013-2015), U.S. Senator (1997-2009), Vietnam Veteran

"An Honorable Discharge is a point of great pride and achievement for every veteran and it must remain so. However, there are cases where a service member's discharge does not recognize all the factors contributing to conduct, especially the effects of PTSD and other neurological and psychological issues. It is here that the *Military Discharge Upgrade Legal Practice Manual*provides a major contribution. It presents a comprehensive and detailed explanation of all aspects of the discharge review process. It allows individuals and their counselors to understand their rights and the procedures necessary to reassess a discharge. The authors have made a valuable contribution to all who have served."
-Senator Jack Reed, Rhode Island, Chairman, Senate Armed Services Committee; US Army Veteran

"This is one of the rare books that can change lives for much the better.... [T]he steps of action and detailed analysis provided here will assist hundreds of thousands of former service members barred from the vital assistance they need to heal and reintegrate into civilian society. Those who have served the country deserve no less."
-Martha Minow, 300th Anniversary University Professor, Harvard University

The need for a comprehensive guide to discharge upgrade practice could not be more critical. A 2020 report found that hundreds of thousands of veterans have been, or are at risk of being, unjustly denied benefits because they have received less-than-honorable discharges. Many of these veterans have experienced trauma (including combat trauma and Military Sexual Trauma), mental health conditions or medical conditions (such as Post-Traumatic Stress and Traumatic Brain Injury), or discrimination (based on race, sex, or LGBTQ status) while in the military.

The Manual covers fact investigation, legal research, and case strategy in advocating for discharge upgrades before military review boards. Each representation stage receives detailed attention, from initial intake to administrative proceedings to federal court review.

Auteur

Margaret Kuzma is an attorney in the Veterans Legal Clinic at the Legal Services Cen-ter of Harvard Law School, where her work focuses on complex discharge upgrade petitions. Previously, she directed the Veterans Inclusion Project and the Discharge Upgrade Practice at the Connecticut Veterans Legal Center. She has been a Visiting Clinical Lecturer with the Veterans Legal Services Clinic at Yale Law School, and she cofounded the Veterans Law Project at Quinnipiac University School of Law. Prior to becoming a public interest attorney, Ms. Kuzma ran the Sexual Assault Prevention and Response Program for Fort Benning and U.S. Army Garrison Baumholder.

Texte du rabat

The landmark guide, written by attorneys from the Legal Services Center of Harvard Law School's Veterans Legal Clinic, Connecticut Veterans Legal Center and other legal experts in the field, will help veterans with discharges resulting from PTSD, military sexual trauma or discrimination based on race, gender and sexual orientation correct unjust and stigmatizing discharges, and qualify for health care, education and other benefits. Drawn from the expertise of practitioners in the field, the manual covers fact investigation, legal research and case strategy in advocating for veterans in discharge upgrade petitions to military review boards. Every stage of representation receives detailed attention, from initial client intake to administrative proceedings to federal court review. Among the topics covered are: Identifying procedural errors in the military discharge process; Finding inequities and injustices in the discharge; Compiling and developing evidence; Crafting arguments to support the relief sought; Presenting a compelling narrative to the tribunal; Framing and preserving legal issues for review to an appellate court; Pursuing remedies through the Department of Veterans Affairs Character of Discharge Determination process. WHAT OTHERS ARE SAYING ABOUT THIS BOOK: "This book represents in every way the intent of my 2014 PTSD memo instructing a review of less-than-honorable discharges. I hope it will help grow the field of discharge upgrade advocacy so all veterans with unjust or erroneous discharges will have their service to our country recognized. We owe every veteran nothing less." - Chuck Hagel, secretary of defense (2013-15); U.S. senator (1997-2009); Vietnam veteran "Unfavorable discharges can initiate a downward spiral that can have devastating effects on an individual's life. This manual includes numerous advocacy tips and invaluable references that will help users-including those with no military experience-to effectively help clients who have served the nation." - Will A. Gunn, Legal Services Corporation general counsel; general counsel for the U.S. Department of Veterans Affairs (2009-14); U.S. Air Force veteran "In 1986, anti-LGBTQ policies forced me to resign my commission from the U.S. Army. Since then, I have advocated to end the Department of Defense's discriminatory policies, and while the military is now more inclusive, too many veterans remain stigmatized by vestiges of discrimination in the form of less-than-honorable discharges and other pejorative labels. This manual provides advocates with the tools necessary to remove these enduring injustices." - Halee F. Weinstein, district administrative judge, District Court of Maryland, District 1, Baltimore City; presiding judge founder, Baltimore City Veterans Treatment Court; U.S. Army veteran "For a long time now, I felt that veterans have been getting a raw deal, sacrificing and coming home with bad papers. I commend the authors and legal aid practitioners that provide services to veterans. This book will help more veterans throughout the country get legal assistance and fight the injustices of a bad discharge." - Conley Monk, co-founder and director, National Veterans Council for Legal Redress; Vietnam veteran