Whether you served on active duty or in the reserves for a single term or a full career, your military discharge marks the end of your service in the United States armed forces.
An honorable discharge unlocks your eligibility for veterans’ benefits. This includes the ones offered by the U.S. Department of Veterans Affairs (the VA) and those provided by many states.
However, if your discharge occurred under conditions other than honorable, you could face problems not only with receiving veterans’ benefits but also in your civilian life.
Stone Rose Law is a full-service law firm for active-duty military personnel and discharged veterans. In addition to assisting veterans in qualifying for healthcare and other retirement benefits, our experienced military law attorneys help veterans whose discharges do not accurately reflect the realities of their separation from service.
If you need help upgrading your military discharge, call us at (480) 498-8998 to speak with one of our military discharge upgrade lawyers.
The type of discharge you receive after military service determines the benefits you are entitled to. Military discharges can be classified into two main types: administrative and punitive.
The different military branches refer to involuntary administrative discharges in different terms:
For military officers, involuntary administrative discharge action can be referred to as:
The four kinds of administrative discharges are:
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 discharge, also known as a discharge under honorable conditions, occurs when unsatisfactory performance or minor misconduct in your record precludes the issuance of an Honorable discharge. Still, a general discharge can enable access to VA benefits other than the GI Bill.
Some employers may view a job applicant with a General Discharge as a potential hiring risk due to its implication of disciplinary problems. For this reason alone, veterans with general discharges have an incentive to upgrade their discharge to honorable status if they can.
An Other Than Honorable discharge occurs when a pattern of misconduct exists or when misconduct constitutes a severe departure from the standards of conduct expected of a military servicemember.
An Other Than Honorable (OTH) discharge comes with some severe consequences. These include losing all veteran’s benefits, including VA home loans, VA disability benefits, medical care, or education.
OTH discharges also sway prospective employers to view veterans as someone with discipline and conduct problems.
In some cases, a discharge upgrade lawyer can help to upgrade an OTH discharge to an Honorable or general discharge.
Sometimes it can become apparent within six months of entering service that an individual will not be able to complete a term of service. When this happens, an uncharacterized or entry-level separation discharge, such as a medical discharge, can result.
Punitive discharges result under circumstances of significant incidents of misconduct during service. There are three types of punitive charges.
Also known as a “bad paper discharge,” an OTH discharge is usually issued when the alleged misconduct in service is equivalent to a misdemeanor crime in civilian life.
Behaviors that can lead to OTH discharges include incidents such as drug use, fighting, abuse of authority, or disobeying an order. Most veterans’ benefits will not be available if you have this kind of discharge. You may also have considerable difficulty landing future employment.
Bad Conduct Discharge (BCD)
This kind of discharge is imposed through a military court martial, either for a serious offense or a behavioral pattern indicating you are unfit to be in the military. The consequences for a BCD are similar to those of an OTH discharge regarding veterans’ benefits eligibility and civilian employment.
A discharge review board (DRB) could upgrade a discharge of bad conduct if it resulted from a special court-martial. However, if the discharge came after a general court-martial conviction, the DRB cannot upgrade it. Instead, you will need to resort to your appropriate BCMR or BCNR.
A Dishonorable Discharge is the lowest level of military discharge that you can receive. These follow grave offenses violating the Uniform Code of Military Justice or a felony-level civilian criminal conviction.
If you have anything other than an honorable discharge, you can have any of the following reasons to seek professional assistance to upgrade your discharge status:
Two main ways exist for veterans to seek a discharge upgrade:
You are eligible to apply 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:
Successful applications attack both of these issues. The discharge upgrade process starts with a careful review of the discharge regulations 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 post-traumatic stress disorder (PTSD) impacting the reasons for your discharge characterization to extraordinary rehabilitative efforts undertaken after leaving the service.
It is best to request a discharge upgrade within 15 years of your separation from service, which is the deadline for the DRB to accept your application. Requests later than 15 years after your discharge date will need to go to your BCMR or BCNR for a correction to your military record.
When seeking to upgrade your discharge, you must complete an Application for Review of Discharge From the Armed Services of the United States (or DD-293).
It is helpful to have a complete copy of your service record and any relevant medical records as part of your application. You can obtain these records through the Veterans’ Service Records section of the National Archives and Records Administration website.
In addition to your military records, other documentation that can help support your military discharge upgrade can include:
On your DD-293 form, you can request the DRB to review your application or schedule a hearing so you can plead your case. You can also request a hearing if you initially request a records-only review.
If you request a hearing before the board, it will be in Washington, D.C. The five-member board will vote on whether to grant your application when the hearing is concluded. If it votes to approve, you will receive a new DD-Form 214 with your new discharge status.
If the DRB declines your application, you can appeal its decision to your BCMR or BCNR. The form to use for this is DD-Form 149.
Each branch has its version of the Board for Corrections of Military Records or the Board of Correction of Naval Records (BCNR). These boards can 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 that resulted from 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.
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.
Military discharge upgrade cases can be complex and time-consuming. Also, the rate for successful discharge upgrades is low, especially if you do not have professional help.
A dedicated and skilled lawyer can assist you in preparing the most complete application possible. Our experienced discharge upgrade lawyers at Stone Rose Law have years of experience upgrading discharges and are eager to help you upgrade your discharge. Call us today for a free consultation at (480) 498-8998 or contact us online.
