The Ultimate Guide to Military Discharge Upgrades

LEGAL DISCLAIMER: This article provides general, informational content for educational purposes only. It is not a substitute for professional legal advice from a qualified attorney. Always consult with a lawyer specializing in military law for guidance on your specific legal situation.

Imagine you dedicated years of your life to serving your country. You wore the uniform, made sacrifices, and formed unbreakable bonds. But when you left the service, a single mistake, a misunderstanding, or a struggle with an invisible wound like post_traumatic_stress_disorder resulted in a less-than-honorable discharge. This piece of paper, often called “bad paper,” now acts as a barrier, locking you out of the va_benefits you earned—like the GI Bill, VA home loans, and crucial healthcare. It can affect your job prospects and carry a heavy social stigma. For hundreds of thousands of veterans, this isn't a hypothetical; it's a painful reality. A military discharge upgrade is the formal, legal process through which a veteran can petition the department_of_defense to change the characterization of their service (e.g., from “Other than Honorable” to “Honorable”) or the narrative reason for their separation. It's not a pardon; it is a correction of the record based on evidence that the original discharge was unfair, unjust, or incorrect. It is a second chance to have your full story heard and to reclaim the honor and benefits you rightfully earned.

• Key Takeaways At-a-Glance:
  • Correcting the Record: A discharge upgrade is a legal process for veterans to change their discharge status, potentially unlocking access to critical department_of_veterans_affairs benefits and removing a significant barrier to civilian life.
  • Two Paths to Justice: The primary avenues for a discharge upgrade are the Discharge Review Boards (DRBs), which review discharges within 15 years, and the Boards for Correction of Military/Naval Records (BCMRs/BCNRs), which handle older cases or more complex corrections.
  • Evidence is Everything: A successful discharge upgrade petition almost always depends on new, compelling evidence that wasn't considered at the time of separation, especially medical records or “buddy statements” related to conditions like PTSD, TBI, or military_sexual_trauma.

The concept of reviewing and correcting a service member's record is deeply rooted in principles of fairness. However, the modern discharge upgrade system was truly forged in the aftermath of major conflicts. After the Vietnam War, the nation grappled with a generation of veterans who returned with un-diagnosed PTSD, then often labeled as a “personality disorder” or simple misconduct. Many received “bad paper” discharges for actions that are now understood as symptoms of trauma. This led to a reckoning. Activism by veterans and a growing understanding in the medical community pushed Congress and the Department of Defense to create more robust review processes. The most significant shifts, however, have occurred in the 21st century. Landmark policy memos, such as the 2014 “Hagel Memo” and the 2017 “Kurta Memo,” directed review boards to give “liberal consideration” to petitions from veterans whose misconduct was likely linked to mental health conditions like PTSD, TBI, or experiences like MST. Similarly, with the repeal of “Don't Ask, Don't Tell,” a path was created for LGBTQ+ veterans discharged solely due to their sexual orientation to have their records corrected and their honor restored. The history of discharge upgrades is a story of the law slowly catching up to science and social justice.

The authority for discharge review boards and corrections boards comes directly from federal law, specifically Title 10 of the united_states_code.

• 10 U.S. Code § 1553 - Review of discharge or dismissal: This is the foundational statute that establishes the Discharge Review Boards (DRBs) for each military service. It states that the secretary of a military department must establish a board “to review the discharge or dismissal (other than a discharge or dismissal by sentence of a general court-martial) of any former member of an armed force.”
  • In Plain English: This law mandates that every branch of the military must have a board dedicated to looking at a veteran's discharge upon request, as long as it wasn't the result of the most serious type of military trial. It gives veterans a legal right to a second look.
• 10 U.S. Code § 1552 - Correction of military records: claims: This statute establishes the more powerful Boards for Correction of Military/Naval Records (BCMRs or BCNR). It grants the service secretary, acting through a board of civilians, the authority to “correct any military record… when the Secretary considers it necessary to correct an error or remove an injustice.”
  • In Plain English: This law creates a higher-level board with broader powers. While the DRB can only change the *character* and *reason* for a discharge, the BCMR can change almost anything in a veteran's record—from a bad performance review to the type of discharge itself—if they can be convinced it's necessary to fix a mistake or right a wrong.

While governed by the same federal laws, each military branch operates its own review boards. The process is similar, but the names, specific procedures, and even the internal cultures can differ. Understanding which board has jurisdiction over your case is the first step.

To win a discharge upgrade, you can't just say your discharge was “unfair.” You need to understand the legal language the boards use and build a case that meets their specific standards.

Your military discharge is summarized on a single, critical document: the dd_214 (Certificate of Release or Discharge from Active Duty). It contains two pieces of information that are the focus of any upgrade request.

This is the “one-liner” that summarizes your entire military career. It's what most people mean when they talk about their discharge. There are five main types, ordered from best to worst:

• Honorable: This is the gold standard. It signifies that you met or exceeded the standards of performance and personal conduct. It grants you access to all va_benefits.
• General (Under Honorable Conditions): This indicates that your service was satisfactory, but you may have had some minor disciplinary issues or failed to meet certain standards. You may still be eligible for most, but not all, VA benefits (e.g., GI Bill benefits are often forfeited).
• Other Than Honorable (OTH): This is the most severe administrative discharge. It suggests a significant departure from the expected conduct, such as drug use, security violations, or serious misconduct. An OTH discharge is a statutory bar to most VA benefits, making an upgrade critically important.
• Bad Conduct Discharge (BCD): This is a punitive discharge, not an administrative one. It can only be issued by a special_court-martial or general_court-martial. It carries a severe stigma and disqualifies a veteran from nearly all benefits.
• Dishonorable Discharge (DD): This is the worst possible discharge, reserved for the most serious offenses (equivalent to civilian felonies) and can only be handed down by a general court-martial. A DD results in a total loss of all benefits.

DRBs can only review administrative discharges (Honorable, General, OTH). To change a punitive discharge (BCD or DD), you must apply to the appropriate BCMR/BCNR.

This is a short, coded explanation for *why* you were discharged. Examples include “Completion of Required Service,” “Misconduct,” “Convenience of the Government,” or “Disability.” Sometimes, even with an Honorable discharge, the narrative reason can carry a stigma (e.g., “Personality Disorder”). An upgrade request can seek to change this narrative reason to something more accurate and less damaging.

When you apply to a DRB, your argument must be based on one of two legal standards:

• Impropriety: This means the discharge was legally improper. You are arguing that the military violated its own regulations, a law, or even a constitutional principle when it discharged you. This is a very high bar to clear and often requires deep legal knowledge.
  • Example: A soldier is discharged for “misconduct” based on a single failed drug test, but the proper chain of custody for the urine sample was broken. The evidence was legally inadmissible, making the discharge based on it improper.
• Inequity (or Injustice): This is a more common and flexible standard. It means the discharge was legally correct but was too harsh or unfair under the circumstances. You are not arguing the military broke a rule, but that the outcome was unjust.
  • Example: A young Marine with a spotless three-year record experiences a traumatic event in combat, develops undiagnosed PTSD, and goes AWOL for two weeks. He receives an OTH. He can later argue that while he did go AWOL, the OTH was an inequitable punishment given his excellent prior service and the unseen mental health wound that drove his actions.

The BCMRs use the broader standard of “correcting an error or removing an injustice,” which encompasses both impropriety and inequity.

• The Veteran (Applicant): You are the most important person in the process. Your story, your evidence, and your persistence are the driving forces.
• The Board Members: These are senior military officers (for DRBs) or senior civilians within the DoD (for BCMRs). They are the decision-makers. They are not judges in a traditional court but are tasked with applying military regulations and the principles of equity.
• Legal Representative: While not required, having a representative is highly recommended. This could be a private attorney specializing in military law, a lawyer from a free legal clinic (like those at many law schools), or a representative from a veterans_service_organization (VSO) like the VFW or American Legion. They can help you craft your legal arguments and assemble your evidence.

This is a complex process, but it can be broken down into manageable steps.

1. Get Your Records: The first step is to request a copy of your Official Military Personnel File (OMPF). You can do this for free through the National Archives. This file contains every document related to your service and separation—the good, the bad, and the ugly. It's the primary evidence the board will review.
2. Analyze Your dd_214: Look at your Character of Service and your Separation Code (SPN or RE code). This will tell you what you need to change.
3. Define Your “Why”: Why was your discharge unjust? Was it because of PTSD? Were you a victim of MST? Were you young and immature? Were you discharged under DADT? You need a clear, compelling story.

1. Within 15 Years of Discharge? If so, and you only want to change the characterization/reason, your primary path is your service's Discharge Review Board (DRB) using DD Form 293.
2. More Than 15 Years Ago? Or do you need to correct an error, not just the discharge character? Or was your discharge the result of a court-martial? You must apply to your service's Board for Correction of Military/Naval Records (BCMR/BCNR) using DD Form 149.
3. Note: You can apply to the DRB first and, if denied, then apply to the BCMR. You cannot do it the other way around.

This is the most critical step. The board assumes your original discharge was correct. You must provide new evidence to convince them otherwise. Your own statement is important, but it's not enough.

1. Medical and Mental Health Records: If your case involves PTSD, TBI, MST, or other health issues, you need medical evidence. This includes records from the VA, private doctors, or therapists. A formal diagnosis and a “nexus letter” from a doctor connecting your condition to your military service is incredibly powerful.
2. “Buddy Statements”: These are sworn statements from people you served with. They can corroborate your story about a traumatic event, attest to your good character before the incident that led to your discharge, or describe the changes they saw in you.
3. Civilian Accomplishments: Evidence of a successful and law-abiding life after service can demonstrate that your time in the military was not representative of your true character. This includes letters of recommendation from employers, proof of education, community service awards, etc.
4. Personal Statement: Write a clear, concise, and honest statement explaining what happened, why the discharge was unjust, and how it has affected your life. Take responsibility for your mistakes, but explain the mitigating circumstances.

1. Fill Out the Form Carefully: The DD 293 or DD 149 asks for specific information. Be thorough and accurate.
2. Write a Legal Brief: Your representative can help you write a formal argument (a “brief”) that lays out your case, cites the relevant laws and policies (like the Hagel Memo), and connects each piece of your evidence to your argument.
3. Submit the Package: Send the completed form and all your supporting evidence to the address listed on the form. Keep a complete copy for your own records.

1. Be Patient: This is not a fast process. It can take anywhere from 12 to 24 months, or even longer, for a board to review your case.
2. Hearing Option: On the DD 293, you can request an in-person or virtual hearing before the board. This gives you a chance to tell your story directly, but it can also add significant delays. Discuss this option with your representative. Most cases are decided based on the written record alone.

1. Approval: If the board approves your request, they will issue a corrected dd_214. This is a huge victory.
2. Denial: If the board denies your request, they must provide a written explanation of their reasoning. This is not necessarily the end of the road.
   • You can apply again to the same board if you have new and substantial evidence that wasn't previously considered.
   • If you were denied by a DRB, you can then apply to the BCMR.
   • If denied by the BCMR, the final option is to sue the military in federal court, arguing the board's decision was arbitrary_and_capricious. This is a difficult and expensive process.

• dd_form_293, Application for the Review of Discharge from the Armed Forces of the United States: This is the two-page form used to apply to a DRB. It asks for basic information about your service and allows you to state your issues and request a hearing. Its primary purpose is to challenge the propriety or equity of your discharge within 15 years of separation.
• dd_form_149, Application for Correction of Military Record: This is the form used to apply to a BCMR/BCNR. It is for cases older than 15 years or for requests that go beyond changing the discharge itself, such as removing a negative performance review or changing a medical retirement status. You must explain the “error or injustice” you want corrected.
• sf_180, Request Pertaining to Military Records: This is the form you use to request your OMPF and other military records from the National Archives. You cannot build a strong case without the documents contained in your file.

Unlike other areas of law shaped by supreme_court rulings, the world of discharge upgrades is most profoundly affected by policy memos from within the Department of Defense. These memos do not change the law but instruct the review boards on how to interpret it.

• The Backstory: For decades, veterans whose misconduct (AWOL, drug use, insubordination) was a direct result of undiagnosed PTSD were discharged under OTH conditions, barring them from the very mental healthcare they needed.
• The Policy Shift: In 2014, Secretary of Defense Chuck Hagel issued guidance directing all review boards to give “liberal consideration” to applications from veterans with a diagnosis of PTSD.
• Impact on Veterans Today: This memo effectively lowered the burden of proof. It created a presumption that if a veteran had a valid PTSD diagnosis connected to their service, any misconduct may have been related to that condition. It opened the door for thousands of Vietnam-era and modern-era veterans to successfully upgrade their discharges.

• The Backstory: While the Hagel Memo was a breakthrough, it was limited to PTSD. Many veterans suffered from other mental health conditions, TBI, or were victims of MST, and their cases were not receiving the same consideration.
• The Policy Shift: A 2017 memo from Acting Under Secretary of Defense for Personnel and Readiness, A.M. Kurta, clarified and expanded the “liberal consideration” policy. It explicitly instructed boards to consider conditions beyond PTSD, including TBI, and to pay close attention to cases involving sexual assault or sexual harassment.
• Impact on Veterans Today: The Kurta Memo made it clear that *any* mental health condition or traumatic experience could be a mitigating factor. It requires boards to get a medical opinion if a veteran claims their actions were due to a mental health issue, preventing board members from substituting their own judgment for that of a medical professional.

• The Backstory: From 1994 to 2011, the “Don't Ask, Don't Tell” policy led to the discharge of over 13,000 service members for homosexuality. They often received Honorable discharges but with stigmatizing separation codes that “outed” them to potential employers.
• The Policy Shift: Following the repeal of DADT in 2011, the DoD issued guidance creating a simplified process for veterans discharged under the policy to have their records corrected. Boards were directed to grant upgrades and change narrative reasons for those separated solely based on their sexual orientation.
• Impact on Veterans Today: This provides a clear path for LGBTQ+ veterans to erase the mark of a discriminatory policy from their records, change their character of service to Honorable, and reclaim their eligibility for full benefits.

The fight for fairness is ongoing. Despite the progressive policy memos, veterans' advocates argue that denial rates at some boards remain stubbornly high. There is an ongoing debate about whether the boards are applying the “liberal consideration” standard consistently and correctly. Furthermore, there is a legislative push for “automatic review” for veterans discharged with less-than-honorable status who have documented mental health conditions, shifting the burden from the veteran having to apply to the government having to review.

Emerging science is having a profound impact. A deeper understanding of the neuroscience of trauma and TBI provides a stronger scientific basis for veterans' claims. As medical evidence becomes more sophisticated, it becomes harder for boards to dismiss the link between trauma and misconduct. Technology is also changing the process. The shift towards virtual hearings, accelerated by the COVID-19 pandemic, has made it easier for veterans to appear “in person” before a board without having to travel to Washington, D.C. This increased access could level the playing field for veterans who previously could not afford to attend a hearing. In the next 5-10 years, expect to see a more streamlined, data-driven, and accessible process, though the fundamental need for compelling evidence will remain unchanged.

• bad_paper: A slang term for any military discharge that is not Honorable.
• board_for_correction_of_military_records: (BCMR/BCNR) The highest level of administrative board in each service branch that can correct errors or injustices in a veteran's records.
• buddy_statement: A sworn written statement from someone who served with the applicant, used as evidence.
• character_of_service: The official designation of a veteran's service as Honorable, General, OTH, etc.
• dd_214: The standard form issued upon a service member's separation from active duty.
• dd_form_149: The application form for the Board for Correction of Military/Naval Records.
• dd_form_293: The application form for the Discharge Review Board.
• department_of_veterans_affairs: (VA) The federal agency that provides benefits and healthcare to veterans.
• discharge_review_board: (DRB) The board in each service branch that reviews the equity and propriety of discharges within 15 years of separation.
• inequity: A legal standard for upgrades arguing a discharge was legally permissible but unfairly harsh.
• impropriety: A legal standard for upgrades arguing a discharge violated a law or regulation.
• military_sexual_trauma: (MST) A term used by the VA to refer to experiences of sexual assault or harassment during military service.
• post_traumatic_stress_disorder: (PTSD) A mental health condition that can be triggered by a terrifying event.
• separation_code: (SPN/RE Code) A code on the DD-214 that provides more detail on the reason for separation.
• veterans_service_organization: (VSO) A non-profit organization, like the VFW or American Legion, that advocates for and assists veterans.

• dd_214
• department_of_veterans_affairs
• post_traumatic_stress_disorder
• uniform_code_of_military_justice
• court-martial
• veterans_benefits
• gi_bill