If you’re a veteran with a less-than-honorable discharge, you may be eligible to upgrade your characterization of service. A discharge upgrade can restore access to VA benefits, open employment opportunities, and correct the record of your military service.
What Is a Discharge Upgrade? A discharge upgrade is a formal request to change the terms of your military discharge—specifically, your character of service. Common characterizations include:
• Honorable
• General (Under Honorable Conditions)
• Other Than Honorable (OTH)
• Bad Conduct (from a special court-martial)
***Discharges from a general court-martial cannot be upgraded through the standard process.
Who Can Apply? You can apply for a discharge upgrade if:
• Your discharge was less than honorable.
• Your discharge was not the result of a general court-martial.
• You believe your discharge was unjust or improper.
***Family members and authorized representatives can also apply on a veteran’s behalf.
Where to Apply: There are two main boards that review discharge upgrade requests:
1. Discharge Review Board (DRB)
• For discharges less than 15 years old
• Cannot review general court-martial discharges
• Reviews characterization, reason, and narrative
2. Board for Correction of Military Records (BCMR/BCNR)
• For discharges more than 15 years old
• Can also review court-martial-related discharges
• Can correct additional records, including pay and rank
Grounds for an Upgrade: You must show that your discharge was:
• Improper – It violated military rules, regulations, or the law.
• Inequitable – It was too harsh or unfair under the circumstances.
Common reasons include:
• PTSD, TBI, or mental health issues not properly considered
• Military Sexual Trauma (MST)
• Discrimination or retaliation
• Administrative error
• Strong post-service conduct and rehabilitation
What You’ll Need: A strong application includes:
• Military and medical records
• Personal statement explaining your case
• Supporting letters from commanders, colleagues, or healthcare providers
• Evidence of post-service rehabilitation (e.g., work history, community service)
Why It Matters: A successful discharge upgrade can:
• Restore VA benefits (healthcare, education, home loans)
• Improve employment opportunities
• Bring closure and personal validation
Why Hire an Attorney for a Discharge Upgrade? Applying for a discharge upgrade is more than just filling out a form—it’s a legal and evidentiary process that requires building a persuasive case. While veterans are allowed to file on their own, having an attorney with experience in military law significantly improves the chances of success. Here’s why:
1. Navigating Complex Rules and Procedures
2. Developing a Strong Legal and Factual Record
3. Maximizing the Impact of Mental Health Claims
4. Preparing for a Personal Hearing
5. Increasing Your Odds of Success
If you’re considering a discharge upgrade, contact our office at (207) 985-1815 to schedule a consultation. We can evaluate your case, explain your options, and help you pursue the outcome you deserve.
