Why Discharge Character Matters
The character of a veteran’s discharge — Honorable, General (Under Honorable Conditions), Other Than Honorable (OTH), Bad Conduct, or Dishonorable — determines eligibility for most VA benefits. A veteran discharged OTH or worse may be barred from VA health care, disability compensation, education benefits, and other programs that would otherwise be available based on their service.
For some veterans, the discharge characterization reflects circumstances that were shaped by untreated mental health conditions, military sexual trauma, or situations involving systemic error or injustice. The upgrade process exists to address those cases.
Available Forums
- Discharge Review Board (DRB) — each military branch has a DRB that can review discharges within 15 years of the separation date; can change character of discharge and reason for discharge
- Board for Correction of Military Records (BCMR) / Board for Correction of Naval Records (BCNR) — available for any discharge, with no time limit; broader authority to correct records and grant relief on grounds of error or injustice
- Special Discharge Review Programs (SDRP) — certain programs exist specifically for veterans whose discharges were influenced by PTSD, MST, or TBI, or whose cases involve particular era-specific injustices
Grounds for Upgrade
The boards consider whether the discharge was proper (no procedural error) and equitable (fair given all the facts). Strong grounds for an upgrade often include:
- PTSD, MST, or other mental health conditions that were undiagnosed or untreated at the time of the misconduct underlying the discharge
- Brain injury or substance abuse disorder directly related to service
- Systemic injustice or patterns of discrimination that influenced the discharge
- Evidence that the punishment was disproportionate to the conduct at issue
- Strong post-service record of rehabilitation, community contribution, or subsequent honorable service
Our Approach to Discharge Upgrade Petitions
We begin with a thorough review of your DD214, service records, and separation documents to understand what happened and why. We then analyze which forum and which theory of relief gives the strongest path to an upgrade. The petition itself is built around a detailed personal statement, corroborating lay statements, medical or mental health evidence, and a legal argument that ties the evidence to the standard the board applies.
Discharge review petitions are not casual filings. A well-built submission significantly improves the odds of success. We take the time to do it right.