DISCHARGE UPGRADES

DISCHARGE MYTHS & MISUNDERSTANDINGS

Everyone who has been in the military has probably heard some kind of misinformation regarding discharges. Here are just a few of them:

  • If you want to get out of the service, a bad discharge is not the only way.
  • If command recommends a bad discharge, it does not take forever to fight it and it is possible to win.
  • No matter what anyone says, waiving all rights in a discharge proceeding does not increase your chance of getting a favorable discharge.
  • Discharges do not automatically upgrade, nor is staying out of trouble enough to get an upgrade.
  • It is not impossible to get a discharge upgrade.
  • There is no need to wait any amount of time to appeal a bad discharge.

The type of discharge you receive will affect the rest of your life. It will determine whether you can reenlist in the future. Employers will see your discharge type when deciding whether or not to hire you. Entire areas of employment can be shut off if you have a bad discharge. The better your discharge, the brighter your future will be.

Generally, discharges are upgraded as follows:

  • General -> Honorable;
  • Other Than Honorable -> General or Honorable;
  • Bad Conduct Discharge resulting from a Special Court-martial -> Honorable, General, or Other Than Honorable; and
  • Other Than Honorable discharge received while in entry level -> Uncharacterized Discharge.

These upgrades can be attained through the Discharge Review Board (DRB). The Veterans Legal Center can help you put forward your best argument to get the discharge that you deserve.

We can help you correct other injustices in your military record. We can do this by representing you before the Board for Correction of Military Records (BCMR). The BCMR can do the following:

  • Review and change a DRB decision regarding a discharge upgrade;
  • Review and change discharges that resulted from a general court martial;
  • Change discharges to medical/disability retirement (which could allow you to receive a VA pension);
  • Change re-enlistment codes;
  • Remove disciplinary actions, bad performance reviews and counseling statements from your records;
  • Make other changes to your personnel records in the interest of justice.

OUR OTHER SERVICES

The Veterans Legal Center is dedicated to providing Veterans with the highest quality legal services available. Using the links below, we encourage you to tour the rest of our website, so you can make an informed decision regarding your legal needs.

VA Disability
Security Clearances
VetBiz
Wills & Trusts

WE WILL HELP YOU WITH YOUR LEGAL PROBLEMS. WE LEAVE NO COMRADE BEHIND.

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