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Discharge characterizations significantly influence the benefits and opportunities available to veterans post-service. Those with less than honorable discharges often face substantial challenges. To address this, the Department of Defense (DoD) issued the Kurta Memo, a document to help consider discharge upgrades, especially for veterans affected by post-traumatic stress disorder (PTSD), traumatic brain injury (TBI), military sexual trauma (MST), or other mental health conditions.
What is the Kurta Memo? Our VA Disability Lawyer Explains
The Kurta Memo, formally known as the “Memorandum for Secretaries of the Military Departments,” was issued by Anthony M. Kurta, then-Under Secretary of Defense for Personnel and Readiness, on August 25, 2017. It guides the Boards for Correction of Military (BCMR) and the Discharge Review Boards (DRB) on considering petitions for discharge upgrades, particularly for veterans with mental health conditions.
Key Points of the Kurta Memo
#1: Acknowledgment of Mental Health Conditions
Recognizes PTSD, TBI, MST, and other mental health conditions’ significant impact on behavior and performance, often linked to combat zones or traumatic events.
#2: Liberal Consideration Policy
Boards are instructed to give “liberal consideration” to applications presenting evidence of mental health conditions or symptoms. This leniency is intended to account for the impact of these conditions on conduct.
#3: Behavioral Health Conditions as Mitigating Factors
Emphasizes that behavioral health conditions, including PTSD, TBI, anxiety, depression, and MST, should be considered mitigating factors in discharge upgrade decisions.
#4: Comprehensive Review of Evidence
Encourages boards to review all available evidence, including medical and service records and statements from mental health professionals, ensuring a thorough understanding of the context and influence of mental health conditions.
#5: Support for Veterans
Highlights the need to support veterans adversely affected by mental health conditions, ensuring a fair review and potential upgrade of their discharge status.
How the Kurta Memo Helps Veterans
#1: Improved Chances for Discharge Upgrades
The liberal consideration policy increases the likelihood of discharge upgrades for veterans with mental health conditions, opening access to previously unavailable benefits.
#2: Access to Benefits
Upgraded discharge status restores eligibility for vital benefits such as VA healthcare, disability compensation, GI Bill education benefits, and home loan guarantees, which are essential for successful reintegration into civilian life.
#3: Recognition and Fair Treatment
Ensures fair evaluation of service members with mental health conditions, recognizing the full scope of their experiences and the impact on their behavior.
Questions? A VA Disability Lawyer Can Help
If you have questions regarding whether the Kurta Memo will help you or your loved one, speak to a knowledgeable VA disability lawyer at your earliest convenience.