A military discharge can follow a veteran for decades. The characterization of service, narrative reason for separation, separation code, and reenlistment code shown on military records may affect veterans’ benefits, employment opportunities, security clearances, and the way a veteran’s service is understood by future employers and government agencies.

The good news is that a military discharge is not necessarily beyond review. Veterans may be able to ask a Discharge Review Board or a Board for Correction of Military Records to correct an improper or inequitable discharge.

Below are answers to some of the most common questions veterans ask about military discharge upgrades.

Can I get my military discharge upgraded?

Possibly. A veteran may request review of a discharge when there is a legitimate basis to argue that the discharge was improper, inequitable, erroneous, or unjust.

A successful case generally requires more than simply saying that the discharge has caused problems after service. The strongest applications identify what was wrong with the discharge and support that argument with military records, medical evidence, witness statements, post-service evidence, applicable regulations, or other documentation.

Each case is decided on its own facts.

What is a military discharge upgrade?

A discharge upgrade generally means changing the characterization of a veteran’s discharge to a more favorable characterization – for example, from Other Than Honorable to General (Under Honorable Conditions) or from General to Honorable.

Depending on the circumstances and the authority of the reviewing board, a veteran may also seek correction of the:

• Narrative reason for separation;
• Separation authority;
• Separation program designator or separation code; and
• Reenlistment or reentry eligibility code.

A discharge case therefore should not always focus only on the words “Honorable,” “General,” or “Other Than Honorable.” Sometimes another entry on the DD-214 is equally important.

What board reviews a discharge upgrade?

That generally depends on how long ago the veteran was discharged and what type of correction is requested.

For most administrative discharges occurring within the last 15 years, the veteran ordinarily begins with the appropriate service Discharge Review Board (DRB) using DD Form 293. Title 10 U.S.C. Section 1553 establishes the 15-year period for discharge-review-board applications.

If the discharge occurred more than 15 years ago, the veteran generally seeks relief from the appropriate Board for Correction of Military Records (BCMR) or, for the Navy and Marine Corps, the Board for Correction of Naval Records (BCNR) using DD Form 149.

The correct forum matters. Filing with the wrong board can cost time and, in some cases, create unnecessary procedural problems.

What is the difference between a Discharge Review Board and a BCMR?

A Discharge Review Board primarily reviews the character, reason, and authority for a discharge. It asks whether the discharge was proper and equitable.

A Board for Correction of Military Records has much broader authority to correct military records when necessary to remedy an error or injustice under 10 U.S.C. Section 1552. BCMRs can address many matters that go well beyond discharge characterization, including retirement, disability processing, promotions, evaluations, dates of service, adverse records, and other personnel actions.

In some cases, a veteran must first pursue the Discharge Review Board before asking a BCMR to consider the matter.

Is there a 15-year deadline for a discharge upgrade?

There is a 15-year statutory deadline for filing with a Discharge Review Board.

That does not necessarily mean a veteran who was discharged more than 15 years ago has no remedy. Instead, the appropriate forum will generally be the veteran’s service Board for Correction of Military Records.

This distinction is important. Veterans sometimes mistakenly conclude that their case is impossible simply because more than 15 years have passed.

Is there a deadline for filing with a BCMR?

Yes, but it operates differently.

Under 10 U.S.C. Section 1552, a BCMR application generally should be filed within three years after the applicant discovers the alleged error or injustice. The statute also expressly permits the board to excuse an untimely filing when doing so would be in the interest of justice.

A veteran therefore should not automatically assume that an older case cannot be pursued. Timeliness must be analyzed based on the particular circumstances.

Is a discharge automatically upgraded after six months?

No.

There is no rule automatically upgrading a military discharge after six months – or after any other period of time. A veteran must apply for relief and establish a sufficient basis for the reviewing board to change the record. The Army Review Boards Agency specifically identifies the “automatic upgrade after six months” belief as a misconception.

What does “proper and equitable” mean?

A discharge may be challenged because it was improper, inequitable, or both.

An argument based on propriety generally asserts that the military failed to follow applicable law, regulation, or required procedures.

An argument based on equity generally asks whether, considering the entire record and circumstances, the discharge remains fair.

A persuasive application often addresses both.

Can PTSD or another mental health condition support a discharge upgrade?

Yes. Mental health conditions can be extremely important in some discharge-upgrade cases.

Department of Defense guidance requires appropriate consideration of evidence involving conditions such as PTSD and traumatic brain injury, as well as circumstances involving sexual assault or sexual harassment. The guidance recognizes that these conditions or experiences may have been undiagnosed, misdiagnosed, or unreported during military service.

The critical issue is usually not simply whether the veteran now has a diagnosis. The application should explain the relationship between the condition or experience and the conduct or circumstances that led to the discharge.

What does “liberal consideration” mean in a discharge-upgrade case?

Liberal consideration means that review boards are directed to give appropriate consideration to evidence that PTSD, traumatic brain injury, other qualifying mental health conditions, sexual assault, or sexual harassment may have contributed to the circumstances surrounding a veteran’s discharge.

It does not mean that an upgrade is automatic.

The veteran should still develop the factual connection between the condition or experience, the military service, the conduct leading to separation, and the relief requested. DoD guidance specifically recognizes that evidence concerning these circumstances may not have been created or preserved at the time the veteran served.

Can misconduct still be mitigated?

Yes. The existence of misconduct does not necessarily end the analysis.

The board may consider matters such as:

• The nature and seriousness of the misconduct;
• Whether the misconduct was isolated or part of a pattern;
• The veteran’s overall military record;
• Combat or operational service;
• Mental or physical health conditions;
• PTSD or traumatic brain injury;
• Sexual assault or sexual harassment;
• Family or personal circumstances;
• Whether current policies would treat the circumstances differently; and
• Evidence of rehabilitation and post-service conduct.

The goal is to explain the complete case rather than allowing one adverse event to define the veteran’s entire period of service.

Does good post-service conduct matter?

It can.

Post-service evidence can help demonstrate rehabilitation, character, maturity, community involvement, educational achievement, employment history, family responsibilities, and the absence of further misconduct.

But a strong application ordinarily should do more than establish that the veteran has become a productive citizen. It should also address why the military record itself should be corrected.

That connection is often what separates a compelling legal submission from a collection of character letters.

What evidence should I submit with a discharge-upgrade application?

The evidence depends on the theory of the case, but it may include:

• DD-214 and separation documents;
• Military personnel records;
• Service treatment and medical records;
• Counseling or disciplinary records;
• Performance evaluations;
• Awards and decorations;
• Statements from fellow service members or supervisors;
• Civilian medical or mental-health evidence;
• VA records where relevant;
• Evidence concerning PTSD, TBI, sexual assault, or sexual harassment;
• Post-service employment and educational records;
• Character statements; and
• Evidence showing how current regulations or policies differ from those applied at the time.

The most effective evidence is evidence tied directly to the legal theory supporting the requested correction.

Will a VA disability rating automatically result in a discharge upgrade?

No.

A VA disability determination and a military discharge-review proceeding answer different legal questions. A later VA determination therefore does not automatically establish that the military acted improperly when it discharged the veteran.

However, VA medical records, disability findings, and service-connection determinations may sometimes provide important evidence – particularly if they document a condition that existed during military service and helps explain the events that led to separation.

Can a discharge be changed to a medical retirement?

That is generally not an ordinary discharge-upgrade request.

A request asserting that the military should have processed a service member through the disability evaluation system, medically separated the member, or medically retired the member ordinarily presents a military-records-correction issue requiring BCMR or BCNR review rather than a standard DRB discharge-characterization case.

These cases frequently require careful analysis of the member’s medical condition at the time of separation, duty limitations, retention standards, profiles, medical-board requirements, and evidence concerning fitness for continued military service.

Can I get my reenlistment code changed?

Sometimes, but the correct procedure depends on the branch, the reason for separation, and the requested correction.

A reenlistment or reentry code is often connected to the underlying reason for separation. That means simply asking the board to change the RE code without addressing the underlying record may not be sufficient.

The proper strategy is to determine why the code was assigned and what record would have to change to support a different code.

Does an upgraded discharge guarantee VA benefits?

No.

A discharge upgrade may affect eligibility for certain benefits, but military correction boards and the Department of Veterans Affairs perform different functions. An upgrade should not be presented as a guarantee of any specific VA benefit.

Veterans whose primary concern is benefits eligibility should consider both the military-records process and the applicable VA rules.

Should I request a records review or a personal appearance?

That depends on the case and the particular board.

Some discharge review boards permit an applicant to seek review on the written record and may also provide an opportunity for a personal appearance. A written-record case places particular importance on the quality and organization of the submission because the written packet must tell the veteran’s story without live testimony.

A personal appearance may be useful in appropriate cases, but it does not substitute for a well-developed evidentiary record.

Do I need an attorney for a discharge upgrade?

No. Veterans are permitted to apply themselves, and veterans-service organizations may also provide assistance.

The more important question is whether the case would benefit from legal analysis and development.

An attorney may be particularly useful when the case involves disputed facts, missing records, mental-health mitigation, medical-separation issues, complicated regulations, prior denials, an old discharge, or a need to distinguish between DRB and BCMR jurisdiction.

What makes a strong discharge-upgrade application?

A strong application tells the board exactly what should be changed, why it should be changed, and what evidence proves it.

It should generally:

1. Identify the precise relief requested;
2. Explain the relevant military history;
3. Identify the error, injustice, impropriety, or inequity;
4. Cite the governing rules when appropriate;
5. Address adverse evidence rather than ignoring it;
6. Connect mitigating evidence to the reason for discharge; and
7. Organize the supporting documents so the board can easily verify the argument.

Simply filing DD Form 293 or DD Form 149 is not the same thing as presenting a persuasive case.

How Levine Federal Law Handles Discharge-Upgrade Cases

At Levine Federal Law, we approach military discharge cases as administrative-law cases, not simply form-filling exercises.

Attorney Gary Levine is a retired military JAG with extensive experience in federal administrative law. Our approach begins by determining what happened, what should have happened under the applicable rules, and what evidence can prove that the existing record is erroneous, improper, inequitable, or unjust.

Depending on the case, representation may include:

• Review of the complete military and separation record;
• Identification of the correct board and legal standard;
• Development of medical and mitigating evidence;
• Research into applicable regulations and prior board decisions;
• Preparation of a detailed legal memorandum;
• Organization of supporting exhibits; and
• Preparation and filing of the application.

We represent veterans and service members nationwide.

Have Questions About a Military Discharge?

If you received an unfavorable military discharge and believe the circumstances deserve another look, the first step is determining which board has authority to review the case and what legal theory provides the strongest basis for relief.

Levine Federal Law represents veterans and service members before military Discharge Review Boards and Boards for Correction of Military Records.

Schedule a consultation to discuss your military discharge and the available options for seeking a correction.

Key Authorities and Official Resources

• 10 U.S.C. Section 1553 – Review of Discharge or Dismissal
• 10 U.S.C. Section 1552 – Correction of Military Records
• Department of Defense – Clarifying Guidance on Discharges and Military Records
• Army Review Boards Agency

This article provides general information and is not legal advice. Every military-records case depends on its individual facts, the applicable service regulations, and the authority of the reviewing board. Visiting this website or contacting Levine Federal Law does not create an attorney-client relationship.