Yes, a military attorney can take immediate action to halt a discharge process under these circumstances. The administrative discharge system requires a full and fair review of all relevant information before a final decision is made. A soldier’s medical documentation is always considered relevant, especially if it could explain or mitigate the conduct that forms the basis for the discharge. Failing to review these medical records is a major procedural and due process error. The command cannot ignore evidence that might be favorable to the soldier.
Upon learning that medical documents were not reviewed, the attorney would file an immediate motion or request with the separation authority to delay the proceedings. The motion would state that critical, material evidence has been overlooked and that a fair decision is impossible without its consideration. The attorney would provide the medical records and explain how they are relevant to the case. For example, a soldier’s misconduct might be explained by an undiagnosed traumatic brain injury (TBI) or post-traumatic stress disorder (PTSD), which would be a mitigating factor.
If the separation has already been approved, this failure to review key evidence becomes the strongest basis for an appeal. The attorney would file an appeal with the service’s Discharge Review Board or the Board for Correction of Military Records (BCMR/BCNR). The appeal would argue that the discharge was procedurally flawed and unjust because the separation authority made its decision based on an incomplete record. This is often powerful enough grounds for the board to overturn the discharge or upgrade its characterization.