The Military Discharge Upgrade Legal Practice Manual, written by attorneys from the Legal Services Center of Harvard Law School’s Veterans Legal Clinic and Connecticut Veterans Legal Center, is a comprehensive guide to representing veterans with less-than-honorable or otherwise stigmatizing discharges before military review boards. This landmark publication—the first of its kind in 30 years—serves as a desktop reference for anyone interested in advocating for veterans, restoring honor to those who have served, and opening doors to life-altering support.
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.
This complete desktop reference fills a major gap in the field and provides attorneys and advocates with the help they may need to aid former service members who have been denied the title of “veteran” and excluded from veterans’ benefits due to unjust or erroneous discharges from military service.
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.
Expert practitioners in the field offer guidance for successful representation in a complex area of advocacy, covering:
- 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.
The Manual is also designed to equip and inspire more attorneys to commit to pro bono work on behalf of veterans facing these unfair discharges, which disproportionately affect veterans who experienced trauma (such as combat trauma and military sexual trauma), mental health conditions or medical conditions (such as post-traumatic stress disorder and traumatic brain injury), or discrimination (such as discrimination based on race, sex, and LGBTQ+ status). Development of the Manual was made possible through a grant from the Bob Woodruff Foundation.
Military and veterans affairs leaders hail the new book Military Discharge Upgrade Legal Practice Manual as invaluable for advocates helping veterans get deserved benefits.
From the ABA Journal podcast Modern Law Library: an interview with co-author Dana Montalto, attorney and clinical instructor in LSC’s Veterans Legal Clinic.
