Due to events that occurred during your military service, you may receive a discharge service characterization less than honorable. The characterization of your discharge may affect your rights to various veteran benefits. Many service members want to know: Can you change the type of discharge you receive from the military after you leave the service? Understanding the process of upgrading a military discharge can help you protect your rights and reputation, allowing you to apply for the full range of benefits available to military veterans.
Understanding the Types of Discharges
Military service members will receive one of the following types of discharges:
- Honorable discharge: A service member who completes their military service or who receives an early discharge through no fault of their own may receive an honorable discharge if they served with proper military behavior and proficient performance of duty.
- General discharge: A service member may receive a general, also known as “Under Honorable Conditions” discharge, if they completed their service in a mostly satisfactory manner but engaged in minor misconduct or received an early discharge due to certain circumstances. A general discharge usually does not disqualify a service member from benefits, although civilian employers may ask for further clarification of the circumstances of your discharge.
- Under other than honorable conditions discharge: A service member may receive an under other than honorable conditions discharge when they get discharged for more serious misconduct that might have resulted in a court-martial. An under other than honorable discharge will disqualify a service member from many veterans’ benefits.
- Bad conduct discharge: A bad conduct discharge represents a punitive discharge imposed by a sentence at a court-martial following a guilty verdict against a service member.
- Dishonorable discharge: Likewise, a service member may receive a dishonorable discharge as a punishment following a conviction in a court-martial for a serious violation of the Uniform Code of Military Justice.
Who Can Request a Discharge Upgrade?
Former service members may apply for a discharge upgrade if they believe that the discharge involved impropriety or inequity to erroneously characterize their service, including, for example, due to:
- Failure to consider relevant mitigating factors, such as cognitive or mental health issues like traumatic brain injuries (TBI) or post-traumatic stress disorder (PTSD), or sexual assault or harassment that the service member experienced in the military (military sexual trauma)
- Administrative or procedural errors
- Discharge due to sexual orientation, including under the “Don’t Ask, Don’t Tell” policy
Process of Requesting a Discharge Upgrade
The process of requesting a discharge upgrade will involve several steps for veterans:
- Identifying the correct board: The military has two boards that handle discharge upgrades: the Discharge Review Board, which handles cases for service members discharged less than 15 years ago, and the Board for Correction of Military or Naval Records, which handles cases for discharges beyond 15 years ago.
- Gathering supporting evidence: A former service member should collect evidence supporting the reason(s) for the upgrade request, including medical records (including post-service diagnoses of PTSD, TBI, or military sexual trauma), service evaluations, and character references.
- Completing and submitting the correct request form: DD Form 293 requests are for review by the Discharge Review Boards, while DD Form 149 requests are for review by the Boards for Correction.
- Attending a hearing: A veteran (and their legal counsel) have the option to appear in person or via teleconference to present testimony and arguments.
Contact Our Firm Today for Guidance and Support
When you receive a discharge less than honorable, you may lose access to critical rights and benefits. You may have the right to request a review of your discharge characterization. Contact Patriots Law Group for a confidential consultation with a military discharge attorney to learn more about the process of upgrading the status of your discharge from the military to restore your honor and ensure you can access the benefits you deserve for your service.
Disclaimer: This blog is not legal advice and does not create an attorney–client relationship. Consult an attorney about your specific legal needs.