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For one reason or another, servicemembers will separate from service with a discharge that is “other than honorable.” These characterizations can be incredibly prejudicial to servicemembers – they typically result in the loss of education benefits, health benefits, and retirement benefits. In many cases, they can prevent the servicemember from gaining employment after the military.
To make matters worse, the process for trying to correct or upgrade a negative discharge can be confusing, time-consuming, and frustrating for servicemembers. Fortunately, the dedicated Arizona military discharge upgrade attorneys at Stone Rose Law are well-versed in the myriad of issues about discharges and the numerous ways to seek to have these discharges upgraded! Stationed at Luke AFB, Davis-Monthan AFB, Yuma Proving Grounds or Fort Huachuca? We can help. To schedule a free initial consultation, call our law office today at (480) 498-8998.
The type of discharge a servicemember receives after military service determines the benefits he or she is entitled to receive. They can be classified into two types: administrative and punitive. The types of administrative discharges are:
There are three characterizations of administrative discharge:
An Honorable discharge entitles you to VA benefits – including disability compensation and the Post 9/11 GI Bill. Moreover, many employers all but require an honorable discharge for employment. Thus, an honorable discharge is the “gold standard” of discharges.
A general under honorable conditions discharge occurs when there is unsatisfactory performance or minor misconduct. Those who receive a general under honorable conditions discharge are generally able to access VA benefits except for the GI Bill.
An “other than honorable” discharge occurs when there is a pattern of misconduct or an instance of severe misconduct that constitutes a severe departure from the standards conducted expected of a military member. An Other than Honorable discharge carries some incredibly severe consequences: the loss of all veteran’s benefits, including VA home loans, VA disability benefits, medical care, or education.
The different military branches refer to involuntary administrative discharge in different terms:
For military officers, involuntary administrative discharge action can be referred to as:
The laws and regulations governing how and when general discharges (under honorable or other than honorable conditions) may be awarded. There are two main ways to seek a discharge upgrade:
For more information on how to seek an upgrade or to discuss the specifics of your case, consult with an Arizona military lawyer experienced in military discharge upgrades.
You are eligible for application to the discharge review board if:
The discharge review board has the authority to review an applicant’s discharge and application for a discharge upgrade. Generally, the discharge review board looks at two main issues: whether the discharge characterization was proper under regulations and whether the characterization is equitable – are similarly-situated individuals being treated the same and is the characterization fair in light of the servicemember’s history.
Successful applications attack both prongs – which starts with a careful review of the regulations pertaining to discharge and ensuring that your discharge was not improperly characterized. The next step is for you and your Arizona military discharge upgrade lawyer to gather mitigating information – this can range from the evidence of PTSD impacting the reasons for your discharge characterization to extraordinary rehabilitative efforts undertaken after leaving the service.
Each branch has its version of the Board for Corrections of Military Records. These boards have tremendous authority to correct military records – including hearing appeals from individuals denied by the Discharge Review Board. More importantly, the BCMR/BCNR can upgrade discharges that occurred more than 15 years ago or came as a result of a court-martial. If you have questions about a specific version of the Board for Corrections of Military Records for your branch, speak with a military discharge upgrade attorney in Arizona.
A dedicated and skilled lawyer can assist you in preparing a complete application possible. The Arizona military discharge upgrade attorneys at Stone Rose Law are eager to help in upgrading your discharge – call us today for a free consultation at (480) 498-8998 or contact us online.