Why Discharge Records Matter: GAO Report and Supreme Court Ruling Show Veterans Must Get It Right the First Time
When service members leave the military, what gets written down on paper, especially in their discharge/separation records can shape the rest of their lives. Those documents can decide whether a veteran gets the health care they need, access to housing, a shot at a stable job, or the ability to attend college. The words printed on a DD-214 don’t just describe how someone left service. They become the gateway, or the roadblock to the benefits they’ve earned.
But what happens when those records aren’t complete? What if important details, like a PTSD diagnosis, sexual trauma, or a brain injury, weren’t included before they left the military? Can those facts be added later? Can justice be restored?
In 2025, two powerful updates made one thing very clear: veterans need to make sure their records are complete and accurate from the very start. First, the U.S. Government Accountability Office (GAO) released a major report showing that military discharge review boards are not following the rules. They’re supposed to give “liberal consideration” to veterans with service-connected trauma, but in practice, they’re not applying that rule fairly. In fact, the GAO found that veterans with similar circumstances were often treated very differently depending on which service branch handled their case. The Air Force Discharge Review Board, for example, approved just 18 percent of cases where liberal consideration should have been applied. Other boards, like the Army, approved closer to 49 percent. Even more troubling, many of these boards couldn’t explain why they made the decisions they did. Some didn’t even post the outcomes online, even though they’re required to do so.
Just a few months earlier, the Supreme Court ruled in Bufkin v. McDonough that the Department of Veterans Affairs can’t consider any new evidence if that evidence wasn’t already in the record at the time of the original benefits decision. This means that if a veteran had trauma, but it wasn’t properly diagnosed or wasn’t mentioned at all in their paperwork, the VA can’t go back and add that later. That door is now closed.
For veterans who’ve lived with PTSD, traumatic brain injuries, or military sexual trauma, this ruling is a wake-up call. Many didn’t speak up during service. Others weren’t diagnosed until years later. Some left the military under less-than-honorable conditions because of behavior linked to their trauma. These veterans have spent years trying to explain what happened, hoping to upgrade their discharge status and get access to care. But now, if their record didn’t include the right facts at the right time, they may be locked out of the system forever.
So what does all this mean? It means that the record, the discharge form, the medical files, the evaluations, and the testimony needs to be right the first time. Veterans can’t afford to wait and fix it later. The Supreme Court and the GAO have shown us that once the system decides, there’s often no turning back. That’s why getting legal help early matters so much. Lawyers who understand the discharge process can help veterans gather the right evidence, submit the strongest possible claims, and fight back when decisions don’t follow the law. They can help connect the dots between trauma and service, between symptoms and conduct, and between what a veteran lived through and what the military wrote down.
We’ve seen what happens when veterans don’t have the right records. We’ve also seen what happens when they do. With the right support and the full truth in hand, many are able to get their discharge status upgraded, their VA benefits restored, and their dignity returned. No one should be left behind because the paperwork didn’t tell their full story.
If you’re a veteran facing these challenges, or you know someone who is, now is the time to act. The rules have changed. The burden is higher on the veteran to assure their discharge records are accurate and complete. It’s important to get it right with help from those who know how to work with the PEB, MEB, and the BCMR.
References and Resources
GAO Report – GAO-25-107354 (2025):
https://www.gao.gov/products/gao-25-107354
Bufkin v. McDonough, No. 22-883 (March 2025):
Supreme Court Opinion
Stars and Stripes Coverage:
https://www.stripes.com/veterans/2025-07-28/gao-finds-inconsistent-discharge-standards-18584037.html
DoD Clarification of Liberal Consideration (Hagel and Kurta Memos):
https://www.defense.gov/News/News-Stories/Article/Article/1292904/dod-clarifies-liberal-consideration-for-veterans-discharge-upgrade-requests/
About The Law Offices of David P. Sheldon, PLLC
Based in Washington, D.C., The Law Offices of David P. Sheldon, PLLC, is a nationally recognized military and federal employment law firm. We defend service members’ rights in discharge upgrades, VA benefits, security clearance revocations, and correction of military records. With over 25 years of experience, we are committed to helping veterans and their families secure the justice and recognition they deserve.
Disclaimer
This article is for informational purposes only and does not constitute legal advice. Each case is different. Veterans seeking benefits or a discharge upgrade should consult a licensed attorney to discuss their individual situation.