Eddie_Gallagher_(Navy_SEAL)

The “Hagel Memo” (Sept 3, 2014) – The memo and its attachment explicitly applied only to BCM/NRs and cases involving PTSD and symptoms related to PTSD, though it was construed more broadly by some boards. Despite its limitations, the Hagel memo was a big step forward. The memo established the “liberal consideration” standard for PTSD (and related conditions) and the “special consideration” standard for PTSD determinations made by the VA. The memo listed PTSD (or related conditions) as “potential mitigating factors in… [in-service] misconduct…”

The “Kurta Memo,” issued by the Under Secretary of Defense on August 25, 2017, expands protections for veterans whose adverse discharges were a result of the “invisible wounds” of mental illness and/or sexual trauma. The memo is the latest effort by DoD leaders to achieve uniformity across the various Discharge Review Boards (DRBs) and Boards for Correction of Military/Naval Records (BCM/NRs). It advises the Boards to “afford each veteran a reasonable opportunity for relief…” when the veteran’s misconduct was prompted by mental illness and/or sexual trauma. This memo is good news for our clients because it enhances the protections afforded by recent DoD memos and Congressional Acts.

The “Hagel Memo” (Sept 3, 2014) – The memo and its attachment explicitly applied only to BCM/NRs and cases involving PTSD and symptoms related to PTSD, though it was construed more broadly by some boards. Despite its limitations, the Hagel memo was a big step forward. The memo established the “liberal consideration” standard for PTSD (and related conditions) and the “special consideration” standard for PTSD determinations made by the VA. The memo listed PTSD (or related conditions) as “potential mitigating factors in… [in-service] misconduct…”

The “Kurta Memo,” issued by the Under Secretary of Defense on August 25, 2017, expands protections for veterans whose adverse discharges were a result of the “invisible wounds” of mental illness and/or sexual trauma. The memo is the latest effort by DoD leaders to achieve uniformity across the various Discharge Review Boards (DRBs) and Boards for Correction of Military/Naval Records (BCM/NRs). It advises the Boards to “afford each veteran a reasonable opportunity for relief…” when the veteran’s misconduct was prompted by mental illness and/or sexual trauma. This memo is good news for our clients because it enhances the protections afforded by recent DoD memos and Congressional Acts.