Records Correction / Discharge Upgrade - Military Criminal Lawyers

Getting a records correction or discharge upgrade can be really important for veterans, but it's also complicated. This article will explain the basics so you can understand the process and your options.

Why Would You Want a Discharge Upgrade?

There's a few main reasons a veteran might want to get their discharge upgraded from the military:

• To restore their honor and make right an unfair discharge
• To qualify for VA benefits that a lower discharge status blocks
• To remove the stigma of a less-than-honorable discharge when applying for jobs

Having a less-than-honorable discharge can really hurt a veteran's future prospects, so upgrading the discharge can help overcome that.

What Are the Different Types of Discharges?

There's 5 main levels of discharge from the military:

1. Honorable - For satisfactory service. This is the highest level of discharge.
2. General - For satisfactory service, but some issues like minor misconduct.
3. Other Than Honorable (OTH) - For misconduct or failure to meet standards.
4. Bad Conduct - Punitive discharge via court martial, often for serious offenses.
5. Dishonorable - Punitive discharge via court martial, for serious offenses like felonies.

Upgrading from OTH, Bad Conduct, or Dishonorable to Honorable or General is the usual goal.

Who Can Help With Discharge Upgrades?

A military lawyer who specializes in this area is your best resource. The process is complicated with strict deadlines, so you need someone experienced. Look for a lawyer who specifically mentions discharge upgrades, records correction, or military appeals in their services. Expect to pay legal fees, but it's often worth the cost to fix your discharge status.

What Are the Boards That Handle Discharge Upgrades?

There's a couple different boards you can apply to:

• Discharge Review Board (DRB) - Looks at discharges within 15 years of release from active duty.
• Board for Correction of Military Records (BCMR) - Reviews discharges and records after 15 years.

Each military branch has its own DRB and BCMR. Your lawyer can help pick the right one.

What's the Process for Getting a Discharge Upgrade?

Here are the basic steps in the discharge upgrade process:

1. Get your military records and document any evidence supporting your case.
2. Fill out the right application form (DD Form 293 for DRB, DD Form 149 for BCMR).
3. Submit the application to the proper board for your branch before the deadline.
4. The board reviews your application and decides whether to upgrade your discharge.
5. If denied, you can appeal the decision to a higher authority board.

This is a simplified overview - your lawyer will handle the specifics. But in general, you need to gather evidence, fill out the right forms, and persist through the application and appeals process.

What Are Your Chances of Getting an Upgrade?

It's hard to predict success rates for discharge upgrades, because every case is different. In general, the chances are better if:

• Your service was otherwise good besides the issue leading to your discharge.
• You have evidence of extenuating circumstances like undiagnosed PTSD, TBI, or sexual assault.
• You've demonstrated good conduct and personal growth after discharge.
• You apply within 15 years of discharge (for DRB).

But even strong cases can get denied at first - don't give up if you believe your discharge status is truly unjust.

What Evidence Can Help Your Discharge Upgrade Case?

Anything you can use to explain the circumstances around your discharge can potentially help your case. Useful evidence includes:

• Service records showing awards, promotions, good conduct, etc.
• Medical records/diagnoses related to your behavior at discharge.
• Statements from commanders, peers, or family supporting your character.
• Records of counseling, rehab, education, etc. after your discharge.
• Legal precedents and case law favoring upgrade under similar circumstances.

Your lawyer can advise what evidence will be most helpful for your specific situation.

Should You Apply for VA Benefits Separately?

You can and should apply for VA benefits even while disputing your discharge status. The VA has the power to grant benefits despite a less-than-honorable discharge in certain cases. Don't assume you need to get the discharge upgraded first - go ahead and apply for any disability benefits, GI Bill, or other programs you may qualify for.

Conclusion

Trying to upgrade your military discharge can be a long battle, but it's winnable with the right legal help. Understand the process, gather supporting evidence, and don't give up if your first application gets denied. Hiring a lawyer experienced specifically in discharge upgrades gives you the best odds. With persistence and a strong case, you can get your discharge status changed and earn the benefits you deserve.