Military Discharge Upgrade – The Complete Guide

Receiving a less-than-honorable discharge from the military can significantly impact a veteran’s life, affecting their benefits, employment opportunities, and overall reputation. However, all is not lost. Veterans have the opportunity to apply for a discharge upgrade, which can change the characterization of their service to a more favorable status and more appropriately reflect their military service.

This comprehensive guide will provide detailed information on the process of applying for a military discharge upgrade across all service branches: Air Force, Army, Coast Guard, Marine Corps, Navy, and Space Force. We will also discuss best practices for increasing the likelihood of receiving an upgrade, including maintaining an exemplary post-service record and finding the best legal services.

Understanding Military Discharge Characterizations

Before delving into the specifics of the discharge upgrade process, it’s important to understand the different types of military discharges — known as “characterizations,” or labels used to reflect the character of service. These characterizations reflect a service member’s performance and conduct during their time in the military:

1. Honorable Discharge: The highest discharge characterization, indicating exemplary service.
2. General (Under Honorable Conditions) Discharge: Reflects satisfactory service with some minor issues.
3. Other Than Honorable Discharge: Indicates more significant issues, such as misconduct or drug abuse. This is commonly referred to as an “OTH” or “UOTHC.”
4. Bad Conduct Discharge (BCD): Given by a court-martial, indicating serious misconduct.
5. Dishonorable Discharge (DD): The most severe discharge, reserved for the most egregious offenses and given only by a general court-martial.

Depending on the type of service characterization you receive, your veterans benefits may be severely limited. For instance, you may only be eligible for the GI Bill if you received an honorable discharge. Similarly, to receive medical benefits for treatment or compensation for physical or mental health conditions, you will likely need an Honorable Discharge or a General (Under Honorable Conditions) Discharge.

Why Apply for a Discharge Upgrade?

Upgrading your discharge can provide several benefits, including:

• Access to VA Benefits: Many benefits, including healthcare, education, and disability compensation, require an honorable or general discharge.
• Employment Opportunities: A less-than-honorable discharge can hinder job prospects. An upgrade can improve your employability.
• Restoration of Dignity: Upgrading your discharge status can restore your reputation and reflect the true nature of your service.

General Steps for Applying for a Discharge Upgrade

The team at The Military Defense Firm are experts at applying for upgrades to change the character of discharge. The process for applying for a discharge upgrade involves several key steps:

1. Obtain Your Military Records: Request a copy of your service records from the Department of Defense and your DD Form 214 (Certificate of Release or Discharge from Active Duty). These documents are essential for your application.
2. Determine Eligibility: Ensure you are within the time limits for applying. Typically, veterans have 15 years from the date of discharge to apply for an upgrade with the Discharge Review Board. After 15 years, you’ll have to apply to the Board for Correction of Military Records.
3. Choose the Appropriate Board: Applications for discharge upgrades are reviewed by the Discharge Review Board (DRB) for each service branch. In some cases, the Board for Correction of Military Records (BCMR) may be appropriate.
4. Prepare Your Application: Complete the necessary forms, including DD Form 293 for the DRB or DD Form 149 for the BCMR. Include all relevant documentation and a personal statement explaining why you believe your discharge should be upgraded. Our office may also include a legal memorandum outlining your case.
5. Submit Supporting Evidence: Provide evidence to support your case, such as character references from friends and family members, post-service accomplishments, and any documents that address the circumstances of your discharge.
6. Submit Your Application: Send your completed application and all supporting documents to the appropriate board for your branch of service.
7. Attend a Hearing (If Applicable): In some cases, you may request a personal hearing before the board. This is an opportunity to present your case in person and answer any questions.

Best Practices for Receiving a Discharge Upgrade

To improve your chances of receiving a discharge upgrade, consider the following best practices:

1. Maintain an Exemplary Post-Service Record: Demonstrating good conduct, community involvement, and professional achievements since your discharge can significantly strengthen your case. Collect letters of recommendation from employers, community leaders, and former military personnel to support your application.
2. Be Honest and Transparent: Acknowledge any mistakes you made during your service and provide context for your actions. Demonstrating accountability and remorse can be persuasive.
3. Gather Comprehensive Evidence: Compile all relevant documents, including service records, medical records, performance evaluations, and any awards or commendations received during your service.
4. Seek Legal Assistance: Consult with a lawyer who specializes in military law. An experienced attorney can help you navigate the complex application process and present your case effectively.
5. Submit a Personal Statement: Write a detailed personal statement explaining why you believe your discharge should be upgraded. Include information about your service, the circumstances surrounding your discharge, and your post-service accomplishments.
6. Prepare for a Hearing: If you opt for a personal hearing, be prepared to present your case clearly and confidently. Practice answering potential questions and consider hiring an experienced military lawyer to accompany you and argue your case.
7. Follow Up: After submitting your application, regularly check on its status. Promptly respond to any requests for additional information from the review board.
8. Be Patient: Both the Discharge Review Board and the Board for Correction of Military Records run a significant backlog, and the review process takes a long time. Be patient as the process unfolds.

Talk to Experts

Applying for a military discharge upgrade is a rigorous process that requires careful preparation and thorough documentation. Each branch of the military has specific procedures for submitting applications, and understanding these procedures is crucial for success. By following best practices and presenting a strong case, you can improve your chances of receiving an upgrade and gaining access to the benefits and opportunities you deserve.

If you need assistance with your discharge upgrade application, The Military Defense Firm is here to help. Our team of experienced attorneys specializes in military law and can provide the guidance and support you need.

Contact us today to schedule a free initial consultation and take the first step toward securing a better future.

For more information or to discuss your case, please reach out to The Military Defense Firm. Our team of experienced attorneys is here to provide the support and guidance you need.