Military Discharge Upgrade Lawyer

Your Career and Benefits On The Line

They say we are not a “one-mistake military.” But in today’s military, service members are being involuntarily discharged every day. With so much on the line, you want an experienced team that has your back.

If you are a former service member seeking to upgrade your military discharge, the experienced attorneys at The Military Defense Firm are here to help. A military discharge upgrade can significantly impact your life, opening up opportunities for veterans’ benefits, employment, and personal pride. Our dedicated team understands the complexities of military discharge upgrade processes and is committed to assisting you in achieving the best possible outcome.

Our Process

1. Confront the Allegations

If you’re facing discharge, odds are that your case has been investigated and adjudicated. At this point, you need a legal team that is willing to fully confront the allegations against you.

2. Build Your Defense

We work tirelessly to develop evidence in your defense, trying to stop your involuntary discharge. This is your last chance to fight for your career.

3. Provide a Persuasive Response

You need to submit a well-researched and persuasive response to any discharge action. Doing so will give you the best chance to save your career and preserve your VA benefits. Our team is here to help!

4. Apply for Upgrade

If your are discharged, the fight isn’t over. We routinely help former military members apply to the service boards for a discharge upgrade, recapturing lost VA benefits.

Understanding Military Discharge Upgrades

A military discharge upgrade involves changing the characterization of your discharge, such as from “Other Than Honorable” to “Honorable.” This process can be complex and requires a thorough understanding of military regulations and procedures. Common motivations for seeking a discharge upgrade include:

Access to Veterans’ Benefits: Many veterans affairs benefits, including your GI Bill, healthcare, education benefits, and housing assistance, are contingent on having an Honorable or General discharge (Under Honorable Conditions).
Employment Opportunities: Employers often consider discharge status when evaluating potential hires, meaning your military service could be ignored if you did not receive an honorable discharge.
Personal Reputation: An upgraded discharge status can restore personal pride and respect, because your less-than-honorable discharge does not reflect your military service.

Our Expertise in Discharge Upgrades

At The Military Defense Firm, we have extensive experience handling discharge upgrade cases. Our lawyers are well-versed in the specific requirements and procedures of the Discharge Review Boards (DRBs) and the Boards for Correction of Military Records (BCMRs). We can help you navigate the process by:

Evaluating Your Case: We will review your military records, service history, and the circumstances surrounding your discharge characterization to determine the best strategy for your upgrade request.
Preparing Your Application: Our team will assist you in gathering necessary documents, drafting compelling statements, and ensuring that your application is complete and persuasive.
Representation and Advocacy: We will represent you at hearings and advocate on your behalf, presenting evidence and arguments to support your case for a discharge upgrade.

Why Choose The Military Defense Firm?

The “characterization” of your service determines how the Department of Veterans Affairs will provide you benefits. Although every case is different, the following rules generally apply:

If your service is characterized as Honorable, you are entitled to all VA benefits.
If your service is characterized as Under Honorable Conditions (General), you are not eligible for the GI Bill. However, you are likely to be eligible for all other VA benefits (disability compensation, hospital care, etc.).
If your service is characterized as Under Other Than Honorable Conditions (OTH), you are likely to lose all VA benefits, including the GI Bill, disability compensation, and medical care.