Discharge Upgrade Lawyer Helps Navy Veteran Win Relief After Military Sexual Trauma

If you received a less-than-honorable discharge, you may feel like your military career defines you forever. But as a discharge upgrade lawyer, I see time and again that a bad paper discharge is not always the final word. Veterans living with the effects of Military Sexual Trauma (MST), Post-Traumatic Stress Disorder (PTSD), or Traumatic Brain Injury (TBI) have a legal right to seek justice through the Board for Correction of Naval Records (BCNR) or the Discharge Review Board (DRB).

Recently, the Military Law Center helped a Navy veteran secure a long-overdue victory. His story shows how even decades later, a military sexual trauma discharge upgrade is possible with the right evidence and advocacy.

Why Work With a Discharge Upgrade Lawyer?

The military discharge upgrade process is complex. Strict deadlines, advisory opinions, and detailed regulations often discourage veterans from trying again after an initial denial. A discharge upgrade lawyer understands the legal standards, knows how to assemble the right evidence, and can highlight the connections between service-related trauma and post-service conduct.

How Military Sexual Trauma Impacts Discharge Status

Military Sexual Trauma leaves invisible wounds that can manifest in ways mistaken as misconduct—such as unauthorized absences, substance use, or difficulty adapting to military life. Without recognition of MST or PTSD, veterans are too often separated with stigmatizing discharges that strip away benefits and dignity.

Steps a Discharge Upgrade Lawyer Takes to Strengthen Your Case

In this case, the veteran first petitioned the BCNR on his own and was denied. When he turned to the Military Law Center, we rebuilt his case from the ground up:

Military medical records showing anxiety, depression, insomnia, and suicidal thoughts during service
A psychiatric nexus opinion directly connecting the misconduct to MST and PTSD
Sworn statements from family and a fellow sailor describing how his behavior changed after trauma
A Department of Labor certification documenting ongoing disability

This comprehensive approach gave the BCNR the full context missing for over 20 years.

What Is Liberal Consideration in Military Discharge Upgrades?

Under 10 U.S.C. § 1552(h), the BCNR must apply “liberal consideration” to cases involving PTSD, TBI, or MST. Pentagon memoranda—Hagel (2014), Carson (2016), Kurta (2017), and Wilkie (2018)—reaffirm this standard.

In this veteran’s case, the BCNR agreed with a Navy-appointed mental health professional that his absences and drug use were behavioral indicators of MST. The Board concluded that his mental health conditions outweighed the misconduct and granted an upgrade to General (Under Honorable Conditions).

Military Sexual Trauma Discharge Upgrade Success Story

The veteran had carried a Bad Conduct Discharge since 2004. On September 5, 2025, the BCNR granted relief—21 years later.

The upgrade provides:

Financial stability with VA disability benefits
Housing stability through a VA home loan, allowing him to move out of his car and into a permanent home
Medical stability with access to VA healthcare for PTSD and MST treatment
Restored dignity as a recognized member of the veteran community

VA Benefits After a Discharge Upgrade

With a General (Under Honorable Conditions) discharge, veterans gain access to:

VA disability compensation
VA healthcare services
VA home loans
Certain state-level veteran benefits

For many, like this client, the change represents not only stability but a renewed sense of honor.

When to Contact a Discharge Upgrade Lawyer

Even if your discharge happened decades ago, it may not be too late. If MST, PTSD, or TBI influenced your service or misconduct, you may qualify for relief under liberal consideration standards.

At the Military Law Center, we guide veterans through the petition process, build compelling evidence, and fight for recognition of the full story behind their service.

If you or someone you know is seeking a military sexual trauma discharge upgrade, contact us today. It’s never too late to pursue justice and reclaim the benefits you earned.