Liberal Consideration for PTSD Discharges: Hagel, Kurta, and Wilkie Memos

If your discharge was driven by behavior tied to PTSD, MST, mental health, or TBI, you have specific DOD policy on your side. Three memos — Hagel (2014), Kurta (2017), and Wilkie (2018) — require Discharge Review Boards and Boards for Correction of Military Records to apply "liberal consideration" to your upgrade application.

Liberal consideration isn't a guarantee. It is a thumb on the scale that has driven upgrade rates significantly higher for veterans who cite the memos correctly. Here's how the policy works and how to invoke it.

The Three Memos — What Each Covers

Hagel Memo — September 3, 2014

Issued by then-Secretary of Defense Chuck Hagel. It directs DRBs and BCMRs to give "special consideration" to upgrade applications from Vietnam-era veterans whose misconduct may have been driven by undiagnosed PTSD. The memo was later expanded in practice to apply to PTSD diagnoses from any era.

Key language: boards "should give liberal consideration" to applicants when PTSD or related conditions were a likely factor in the discharge.

Kurta Memo — August 25, 2017

Issued by acting Under Secretary of Defense for Personnel & Readiness Anthony Kurta. The Kurta memo expanded Hagel beyond PTSD to cover:

• Military sexual trauma (MST)
• Other mental health conditions (depression, anxiety, adjustment disorders)
• PTSD related to in-service stressors more broadly

Critically, Kurta also clarified the standard of evidence: a current diagnosis, even from a civilian provider, is sufficient. You don't need a service treatment record proving the in-service condition. Boards must accept civilian medical evidence and reasonable inferences.

Wilkie Memo — July 25, 2018

Issued by Under Secretary Robert Wilkie. The Wilkie memo added traumatic brain injury (TBI) to the list of conditions that warrant liberal consideration, and reinforced the standard of evidence rules from Kurta.

What "Liberal Consideration" Actually Means

The boards must:

1. Presume that PTSD/MST/TBI/mental health conditions weighed heavily in misconduct decisions, even where the in-service record doesn't contemporaneously document the condition.
2. Accept post-service medical evidence as substantiation — including civilian providers, VA C&P exams, and partial records.
3. Consider current functioning and rehabilitation in addition to in-service factors.
4. Apply the benefit of the doubt to the applicant when evidence is mixed.
5. Document their analysis of the memo's factors in their decision.

Boards still issue denials. But the framework biases toward upgrades when the underlying behavior pattern matches a behavioral-health condition rather than venality.

How to Cite the Memos

In a Cover Letter

Lead with a short statement that names the memo(s) you're invoking:

"I am applying for an upgrade of my Other Than Honorable discharge under the liberal consideration framework set forth in the Hagel Memo (September 3, 2014), Kurta Memo (August 25, 2017), and Wilkie Memo (July 25, 2018). The misconduct that resulted in my discharge was substantially driven by [PTSD / MST / TBI / depression] arising from my service. The medical evidence supporting this is attached."

In Your Personal Statement

Tell the story chronologically:

1. Pre-trauma you. Performance, awards, unit cohesion before the triggering event(s).
2. The trauma. What happened — combat, MST, TBI exposure, prolonged operational stress. Be specific about dates, locations, and sequelae you remember.
3. The behavioral change. When did substance use, AWOL, anger, isolation, or other markers appear? Connect them temporally to the trauma.
4. The misconduct. Acknowledge what happened, accept appropriate responsibility, and explain the connection to the underlying condition.
5. Post-service rehabilitation. Treatment, sobriety, work history, family stability. Show the board the person you are now.

Evidence That Helps

• VA C&P exam report with the diagnosis (even if the rating is denied, the diagnosis is gold)
• Civilian therapist or psychiatrist letters describing the condition and its origins
• Medical records of treatment for related symptoms (insomnia, substance use, anger management)
• Buddy statements from people who saw you change after the trauma
• Family statements about your behavior post-trauma
• VA Vet Center records if you've used Vet Center services
• Awards/commendations from before the trauma — establishes the pre-trauma baseline

What If You Don't Have a Diagnosis Yet?

You can apply for an upgrade and pursue a diagnosis in parallel. Specifically:

• File a VA disability claim for the condition. Even pending, the C&P exam process generates evidence.
• Get civilian assessment through Vet Center counseling (free, doesn't require VA enrollment) or community providers.
• Use partial records — primary care notes mentioning anxiety/depression, ER visits for panic, even police reports tied to PTSD-driven episodes.

Kurta specifically addresses the no-diagnosis case: boards "shall not require contemporaneous evidence" of the in-service condition.

Common Mistakes That Sink These Cases

• Failing to cite the memos by name and date. Saying "I had PTSD" is weaker than citing Kurta's standard of evidence rule.
• Generic cover letters. Personalize with dates, units, specific events.
• Hiding the misconduct. Acknowledge it. Boards are skeptical of applicants who pretend no wrongdoing occurred.
• Ignoring rehabilitation evidence. "I've been sober five years" with employer letters is more persuasive than service-only argumentation.
• Going it alone for a complex case. Free legal help is widely available — see below.

Status of the Memos

As of 2026 the three memos remain in force. They are DOD policy, not statute, so they could in theory be rescinded. Track changes via service-specific BCMR/DRB websites and through legal aid organizations like NVLSP.

Free Legal Help for Liberal-Consideration Cases

These organizations specialize in PTSD/MST/TBI upgrade cases and represent veterans pro bono:

• NVLSP — co-authored the original 2014 Hagel-driven litigation
• Swords to Plowshares — SF and national reach
• Connecticut Veterans Legal Center — national, with deep MST experience
• Law school veterans clinics — Yale, Stanford, Harvard, Berkeley, William & Mary, others. Application via the school.

Related

• Discharge Upgrade Step-by-Step — full 5-step process
• DRB vs BCMR — picking the right board
• OTH Discharge VA Benefits — what's available even before a successful upgrade