Discharge Upgrades

At some point, every service member leaves the service and becomes a Veteran.

Each Veteran will receive a service characterization, known as a discharge. A discharge is a characterization of a member’s service. Veterans are entitled to a variety of benefits once they leave the service. Benefits are determined by a member’s service characterization. In some instances, a Veteran may have left the service with a discharge that was not characterized as Honorable. This could mean an administrative characterization such as a General Discharge or Under Other Than Honorable Conditions Discharge. In other cases, a member may receive a punitive discharge resulting from a court-martial conviction. For enlisted members, this means either a Bad Conduct or Dishonorable Discharge. For officers, this means a dismissal.

For Veterans who have served in uniform and received a less than an Honorable discharge, the impact on their post-service lives can be dramatic.

While the process is not simple, a member can appeal his or hers discharge classification.

All Veterans are eligible to apply to the Discharge Review Board for an upgrade to their discharge characterization. To receive a discharge upgrade, an individual must prove to the appropriate Discharge Review Board that his or her discharge reason or characterization was “inequitable” or “improper.”

Inequitable means the reason or characterization of the discharge is not consistent with the policies and traditions of the service. E.g., a member served for twenty years, and the member’s discharged is based upon ten minutes of misconduct. Improper means that the reason, or characterization, of the discharge is in error (false or violates a regulation or law).

Veterans have the right to request that their discharge be upgraded.

While a discharge upgrade is not appropriate in every instances, it is appropriate under the right circumstances if requested in an appropriate amount of time. We have an experienced team ready to review your case today.

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Other Veterans Defense areas we specialize in

Administrative Actions

PT failures or minor misconduct may have your Commander initiate a discharge board (enlisted members who have either served six years or are an NCO) or a Board of Inquiry (Officer) to have you separated from the service.

Correction of Military Records

Often times, either during or after service, service members’ careers find themselves in an adverse position to the government.

Court-Martial and U.C.M.J. Defense

Although being under investigation of a crime does not make you a criminal, you will likely feel like one because you will be unable to perform your military job.

Do you need professional legal assistance?