Military Discharge Upgrade Attorneys
Experienced legal representation for military discharge upgrade matters across all 50 states.
About Military Discharge Upgrade
Military discharge upgrade law focuses on the legal process by which veterans can seek to change the characterization of their military discharge to a more favorable category. The five types of military discharge, in order from most to least favorable, are honorable, general under honorable conditions, other than honorable (OTH), bad-conduct discharge (BCD, imposed only by court-martial), and dishonorable discharge (DD, imposed only by general court-martial). The characterization of a veterans discharge directly determines eligibility for veterans benefits, including VA healthcare, GI Bill education benefits, VA home loan guaranty, disability compensation, pension, and burial in national cemeteries.
Veterans seeking a discharge upgrade can apply through two primary mechanisms: the Discharge Review Board (DRB) of their service branch, which can review discharges issued within the past 15 years and has the authority to change the characterization and reason for discharge; and the Board for Correction of Military Records (BCMR) or Board for Correction of Naval Records (BCNR), which has broader authority to correct any military record and is not subject to the 15-year limitation. Both boards are civilian boards appointed by the Secretary of the respective service branch.
In recent years, discharge upgrade law has undergone significant expansion driven by evolving understanding of mental health conditions, particularly post-traumatic stress disorder (PTSD) and traumatic brain injury (TBI), and by recognition that thousands of service members were discharged under discriminatory policies including the ban on homosexual service (Dont Ask, Dont Tell) and pre-DADT policies. The Hagel Memo (2014), the Carson Memo (2016), and the Kurta Memo (2017) directed the boards to give liberal consideration to discharge upgrade applications involving PTSD, TBI, sexual assault, sexual orientation, and other conditions that may have contributed to the misconduct leading to discharge.
Why You Need a Military Discharge Upgrade Attorney
An unfavorable discharge characterization can follow a veteran for a lifetime, affecting not only access to earned benefits but also employment, housing, social standing, and mental health. Veterans with other than honorable discharges are generally ineligible for most VA benefits, though recent VA policy changes have expanded access to mental health care for veterans with OTH discharges related to certain conditions. Veterans with bad-conduct and dishonorable discharges face even more severe restrictions. Many of these veterans served honorably for years before a single incident or a period of conduct that may have been influenced by service-connected mental health conditions, military sexual trauma, or discriminatory policies. The discharge upgrade process provides an opportunity to correct injustices, recognize changed circumstances, and restore access to the benefits that veterans earned through their service. For LGBTQ+ veterans discharged under discriminatory policies, a discharge upgrade also provides recognition that their service was honorable and their discharge was unjust.
Common Military Discharge Upgrade Cases
PTSD-Related Discharge Upgrades
Veterans whose misconduct was related to undiagnosed or untreated PTSD acquired during military service. Liberal consideration policies now require boards to give special weight to evidence of PTSD connection when reviewing these cases.
TBI-Related Discharge Upgrades
Veterans whose behavioral issues and misconduct resulted from traumatic brain injury sustained during service, particularly combat-related TBI. Symptoms including impulsivity, aggression, and poor judgment may have led to the conduct underlying the discharge.
Military Sexual Trauma (MST) Cases
Service members who were victims of sexual assault during service and whose subsequent behavior, including substance abuse, disciplinary issues, and performance decline, was a response to the trauma. The Kurta Memo provides specific guidance for these cases.
LGBTQ+ Discharge Upgrades
Veterans discharged under Dont Ask, Dont Tell, pre-DADT policies prohibiting homosexual service, or due to gender identity. DOD policy directs that these discharges should be upgraded to honorable absent aggravating factors unrelated to sexual orientation or gender identity.
Mental Health Condition Upgrades
Discharges related to personality disorder, adjustment disorder, or other mental health diagnoses that may have been misdiagnosed or that masked conditions such as PTSD, depression, or anxiety.
Equity and Clemency Appeals
Cases where the veteran demonstrates post-service rehabilitation, community contributions, employment stability, and changed character that support upgrading the discharge on equitable grounds.
Typical Military Discharge Upgrade Case Timeline
Record Collection and Review
1-4 monthsObtaining complete military personnel records, medical records, VA records, and other relevant documentation. Records requests from the National Personnel Records Center can take weeks to months.
Application Preparation
1-3 monthsPreparing the application including a detailed personal statement, supporting evidence, medical or psychological evaluations, character references, and legal argument for the upgrade.
Application Submission
Ongoing review periodFiling the application with the appropriate DRB or BCMR/BCNR. Applications are processed in the order received, and the boards have significant backlogs.
Board Review
6-18 months (DRB); 12-36 months (BCMR)The board reviews the application and supporting materials. DRB applicants may request a personal appearance hearing in Washington, D.C. BCMR proceedings are typically documentary review only.
Decision and Implementation
1-3 months after decisionThe board issues a written decision. If the upgrade is granted, the service branch issues new discharge documents (DD-214) reflecting the upgraded characterization, and VA benefits eligibility is reassessed.
Know Your Rights
- You have the right to apply for a discharge upgrade regardless of how much time has passed since your discharge, through the Board for Correction of Military Records.
- If you were discharged within the past 15 years, you may apply to the Discharge Review Board for a faster review process, with the option to request a personal appearance hearing.
- Under the liberal consideration guidance, boards must give special weight to evidence that your misconduct was related to PTSD, TBI, military sexual trauma, or other mental health conditions connected to your service.
- LGBTQ+ veterans discharged under Dont Ask, Dont Tell or earlier policies have a right to liberal consideration for an upgrade to honorable discharge.
- You have the right to submit new evidence, including medical evaluations, character references, and expert opinions, that was not available at the time of your discharge.
- If your application is denied, you have the right to reapply with additional evidence or new arguments, and you may also seek judicial review in federal court.
- Veterans with OTH discharges may be eligible for some VA mental health services even before obtaining a discharge upgrade, under recent VA policy expansions.
What to Look for in a Military Discharge Upgrade Attorney
Discharge upgrade cases require an attorney or advocate with specific experience in military administrative law and the discharge review process. Look for an attorney who has handled cases before the Discharge Review Boards and Boards for Correction of Military Records, and who understands the liberal consideration guidance in the Hagel, Carson, and Kurta memos. The attorney should be familiar with obtaining and reviewing service records, VA medical records, and other documentation needed to build a compelling case. If your case involves PTSD, TBI, or MST, the attorney should be able to work with medical and mental health experts to establish the connection between your condition and the conduct that led to your discharge. Many veterans service organizations provide free discharge upgrade assistance, and some law school veterans legal clinics offer pro bono representation.
Questions to Ask Your Military Discharge Upgrade Attorney
- 1What type of discharge do I currently have, and what category of upgrade am I most likely to receive based on my circumstances?
- 2Should I apply to the Discharge Review Board or the Board for Correction of Military Records, and what are the advantages of each?
- 3Do I have a condition such as PTSD, TBI, or MST that may qualify for liberal consideration under the Hagel, Carson, or Kurta guidance?
- 4Should I obtain a medical or psychological evaluation to support my application, and can you recommend qualified evaluators?
- 5What documentation do I need to gather, and how do I obtain my complete military records from the National Personnel Records Center?
- 6What is the realistic probability of success for my case based on the current grant rates and the specific facts of my situation?
- 7If my application is denied, what are my options for reapplication or judicial review?
Understanding Military Discharge Upgrade Legal Costs
Many veterans can obtain discharge upgrade assistance at no cost through veterans service organizations (VSOs) such as the American Legion, VFW, and Disabled American Veterans, or through law school veterans legal clinics. Private attorneys who handle discharge upgrades typically charge $3,000 to $15,000 depending on the complexity of the case and whether a personal appearance hearing is involved. Some attorneys work on a flat-fee basis, while others charge hourly at $200 to $400 per hour. If the case involves obtaining medical or psychological evaluations, these can cost an additional $1,000 to $5,000. Given that a successful upgrade can restore eligibility for hundreds of thousands of dollars in lifetime VA benefits, the investment in competent legal representation is typically well justified.
Key Legal Terms
Video Resources
These videos are provided for informational purposes only. The attorneys and organizations featured are not affiliated with or endorsed by Northwind Law.
How to Upgrade Your Military Discharge
Veterans Legal Services
Discharge Upgrade: What Veterans Need to Know
NOLO
Bad Discharge? How to Get Your Benefits Back
Combat Craig
Frequently Asked Questions About Military Discharge Upgrade
Citations & Sources
- [1]An estimated 500,000 living veterans hold other than honorable discharges, many of whom may be eligible for discharge upgrades under the liberal consideration guidance issued since 2014. — Harvard Law School Veterans Legal Clinic
- [2]The Hagel Memo (2014) directed discharge review boards to give liberal consideration to PTSD-related discharge upgrade applications, recognizing that many veterans were discharged for conduct caused by undiagnosed PTSD. — Secretary of Defense Memorandum, September 3, 2014
- [3]The Kurta Memo (2017) expanded liberal consideration guidance to include TBI, military sexual trauma, sexual orientation, and gender identity, and established that mental health conditions alone warrant special consideration. — Under Secretary of Defense Memorandum, August 25, 2017
- [4]Veterans discharged under Dont Ask, Dont Tell are entitled to liberal consideration for discharge upgrades, and DOD policy directs that these discharges should be upgraded to honorable in the absence of aggravating factors. — DOD Policy on Correction of Military Records Related to Sexual Orientation
- [5]The Department of Veterans Affairs expanded eligibility for mental health services to veterans with OTH discharges related to military sexual trauma, PTSD, and other mental health conditions, even before a formal discharge upgrade is obtained. — VA Mental Health Services for OTH Veterans
Ready to Discuss Your Military Discharge Upgrade Case?
Speak with a experienced military discharge upgrade attorney. Free consultations available.