Advice From an Air Force Discharge Upgrade Attorney: How to Upgrade Your Military Discharge

As an Air Force veteran, you dedicated your time and energy to serving your country. But if you were discharged with a status that is less than honorable, it could be affecting your life in ways you didn’t expect. From limiting access to VA benefits to complicating your ability to get a good job, a less-than-honorable discharge can follow you long after your Air Force service has ended.

The good news? You don’t have to live with the consequences of an unfair or improper discharge forever. You have the right to petition the Air Force Discharge Review Board (AFDRB) to have your discharge status upgraded. However, the process isn’t easy, and many veterans quickly become overwhelmed by the paperwork, rules, and waiting periods.

This is where an Air Force discharge upgrade attorney can be a valuable asset. An attorney who specializes in military law and discharge upgrades can handle the legal complexities for you, increasing your chances of success. In this guide, we’ll walk you through the discharge upgrade process, explain common reasons for upgrades, and explore why hiring a discharge upgrade attorney is often the best choice.

Understanding Air Force Military Discharges

Let’s begin with the basics: the types of military discharges issued by the Air Force. Understanding your discharge type is the first step in determining whether an upgrade is possible.

Honorable Discharge:

This is the highest and most favorable discharge status. Veterans with Honorable discharges receive full access to VA benefits, including healthcare, education, and home loans.

General (Under Honorable Conditions):

A General discharge means your service was satisfactory, but there may have been some minor issues. You’ll still have access to some VA benefits, but it may affect your civilian job opportunities, and you will not get the GI Bill if you only served one enlistment.

Other Than Honorable (OTH):

This type of discharge is more severe. Veterans with OTH discharges lose most VA benefits and can face significant challenges in finding employment or receiving post-service support.

Bad Conduct Discharge:

Issued by a court-martial, this discharge is reserved for more serious misconduct. It severely limits your benefits and may carry a social stigma.  A BCD can be upgraded through the Air Force Board for Correction of Military Records.

Dishonorable Discharge:

The most serious type of military discharge, issued only after a general court-martial. Veterans with Dishonorable discharges are barred from all VA benefits and face many additional consequences.

If you received a General or Other Than Honorable discharge, the AFDRB may be able to upgrade it. However, for Bad Conduct discharges, you’ll need to apply to the Board for Correction of Military Records (BCMR). An experienced Air Force discharge upgrade attorney can guide you through either process, helping you understand your options and build a strong case.

Why Does Your Discharge Matter?

Your discharge status affects almost every aspect of your post-service life. Here are just a few reasons why it matters:

1. Access to VA Benefits: Your ability to receive healthcare, disability compensation, home loans, and education benefits depends on your discharge status. Veterans with Honorable discharges have full access to these benefits, while those with General discharges may face some limitations. Veterans with Other Than Honorable discharges are usually ineligible for most VA benefits, including most healthcare and disability compensation.
2. Employment Opportunities: Many employers, especially those in government and defense contracting, request to see a veteran’s DD-214 before making a hiring decision. A less-than-honorable discharge could raise red flags and limit your job prospects. Employers may worry about your reliability or assume your discharge was due to serious misconduct.
3. Pride and Legacy: For many veterans, a less-than-honorable discharge feels like a stain on their service record. It can impact your sense of pride in your military career and affect how others view your time in service.  A discharge upgrade can restore your honor.
4. Post-Service Support: Beyond the VA, other support programs for veterans—such as state and local benefits, scholarships, and financial assistance—may also consider your discharge status when determining eligibility.

Given how impactful your discharge status can be, it’s worth fighting for an upgrade and restoring your honor, especially if you believe your discharge was unfair or unjust.

Eligibility to Apply for a Discharge Upgrade

If you’re considering petitioning the Air Force Discharge Review Board (AFDRB), the first question is whether you’re eligible. To be eligible, you must:

1. Have been discharged within the last 15 years: The AFDRB only reviews discharges that occurred within this time frame. If it’s been longer than 15 years since your discharge, you’ll need to apply to the Board for Correction of Military Records (BCMR) instead. A discharge upgrade attorney can help you determine which board is appropriate for your case.
2. Have a discharge that wasn’t issued by a court-martial: If your discharge was the result of a court-martial (such as a Bad Conduct), you will need to pursue your case through the BCMR. The AFDRB only handles discharges issued through administrative channels.

Once you’ve confirmed your eligibility, the next step is preparing your application. This is where many veterans struggle—gathering the right documents, filling out forms correctly, and making a strong argument for an upgrade can be overwhelming. Working with an Air Force discharge upgrade attorney can simplify the process and improve your chances of success.

Common Reasons for a Discharge Upgrade

When you apply to the AFDRB, the board will consider two main factors: Equity and Propriety.

Equity: Was your discharge fair in light of the circumstances? For example, if you were discharged for a reason that other service members received a lesser punishment for, the board may determine your discharge was inequitable.

Propriety: Was your discharge conducted according to proper procedures and regulations? If there were legal or procedural errors in the discharge process, your case may be strong for an upgrade.

Here are some of the most common reasons veterans successfully upgrade their discharges:

1. Mental Health Conditions (PTSD, TBI, etc.)

In recent years, there has been a growing recognition of the role that mental health conditions—such as Post-Traumatic Stress Disorder (PTSD) and Traumatic Brain Injury (TBI)—can play in a service member’s actions. If you were suffering from a mental health condition that was not properly diagnosed or considered during your discharge, you may have grounds for an upgrade.

For example, if you experienced PTSD as a result of combat or sexual trauma and this led to behaviors that contributed to your discharge like coping with alcohol, an attorney can help you present this evidence to the AFDRB. Medical records, VA diagnoses, and expert testimony can all strengthen your case.

2. Post-Service Achievements

Another common reason for a discharge upgrade is showing that you’ve turned your life around after your service. Veterans who demonstrate good citizenship, stable employment, and community involvement may have a strong case for an upgrade.

For instance, if you’ve earned a degree, held a steady job, or volunteered in your community, these accomplishments can show the AFDRB that you deserve a second chance. An attorney can help you compile the right documents—such as letters of recommendation, employment records, and education certificates—to present your post-service achievements effectively.

3. Procedural Errors in the Discharge Process

In some cases, veterans are able to show that their discharge was the result of procedural errors. For example, if you were denied due process or if regulations weren’t followed during your discharge proceedings, the AFDRB may determine that your discharge was improper.

This type of case can be particularly complex, as it often requires a deep understanding of military law and regulations. An Air Force discharge upgrade attorney can review your service records and discharge paperwork to identify any legal errors that could support your case.

4. Discrimination or Bias

Unfortunately, discrimination based on race, gender, or sexual orientation has played a role in some military discharges. If you believe that bias influenced your discharge, you may have grounds to petition the AFDRB for an upgrade.

For example, if you were discharged under “Don’t Ask, Don’t Tell” (DADT) policies or believe that your race or gender was unfairly used against you, an attorney can help you gather the evidence needed to prove your case.

Step-by-Step Process for Petitioning the AFDRB

Now that you understand the reasons for a discharge upgrade, let’s walk through the steps of the AFDRB process:

1. Complete DD Form 293

The first step in petitioning the AFDRB is filling out DD Form 293. This is the official form used to request a discharge upgrade. On the form, you’ll need to provide your personal information, discharge details, and the reasons why you believe your discharge was unfair or improper.

You’ll also have the opportunity to request a personal appearance before the board or ask for a records review. While some veterans choose a records review (which doesn’t require an appearance), others feel more comfortable requesting a hearing where they or their attorney can present their case in person or via video conferencing.

2. Gather Supporting Documentation

A strong application requires solid evidence to back up your claims. Depending on the reasons for your discharge upgrade request, your supporting documents may include:

• • Your DD-214 (Certificate of Release or Discharge from Active Duty).
  • Medical records that show you were suffering from PTSD, TBI, or other conditions.
  • Character references from employers, colleagues, or people who served with you.
  • Documentation of your post-service achievements, such as diplomas, awards, or community service records.
  • Analogies to past AFDRB Cases.

An experienced discharge upgrade attorney can help you gather and organize these documents to build a persuasive case.

3. Submit Your Application

Once you’ve completed DD Form 293 and gathered your supporting documents, you can submit your application by mail or online. If you’re working with an attorney, they will handle this process for you, ensuring that everything is submitted correctly and on time.

4. Prepare for Your Hearing (If Applicable)

If you’ve requested a personal appearance before the AFDRB and it has been granted, you’ll need to prepare for your hearing. This is where an attorney can be especially valuable. They’ll represent you at the hearing, present your case to the board, and answer any questions the board members may have.

The AFDRB will review your case and issue a decision, which often take more than a year. During this time, your attorney can keep you informed of any updates and help you understand the next steps.

Why You Should Hire an Air Force Discharge Upgrade Attorney

The discharge upgrade process can be overwhelming, and many veterans struggle with gathering the necessary evidence, completing the paperwork, and presenting their case effectively. That’s why so many veterans choose to work with an experienced Air Force discharge upgrade attorney.

Here’s why hiring an attorney can make a significant difference:

– Professional Guidance: Military law is complex, and discharge upgrade cases require a deep understanding of regulations, procedures, and legal precedent. An attorney who focuses their practice in discharge upgrades knows how to navigate the system and can maximize your chances of success.

– Stronger Application: Your attorney will help you gather all necessary documents, fill out forms correctly, and present a compelling case to the AFDRB. They’ll ensure that your application is thorough and persuasive.

– Personal Representation: If you choose to request a personal appearance before the AFDRB, having an attorney by your side can make all the difference. They’ll present your case clearly and professionally, advocating for your rights.

– Save Time and Reduce Stress: The discharge upgrade process is time-consuming and can be incredibly stressful. By hiring an attorney, you can focus on your life and responsibilities while they handle the legal complexities.

What Happens After You Submit Your Application?

Once you’ve submitted your application, the AFDRB will review the evidence and issue a decision. The review process can take anywhere from six months to more than a year, depending on the complexity of your case and the board’s caseload.

Here are the possible outcomes:

– Full Upgrade: Your discharge is upgraded to Honorable, and you regain full access to VA benefits and other post-service opportunities.

– Partial Upgrade: Your discharge is upgraded to a more favorable status, such as from Other Than Honorable to General, but may not reach Honorable.

– Denial: The board decides to leave your discharge status unchanged.

If your application is denied, you still have options. You can appeal to the Board for Correction of Military Records (BCMR), which has broader authority to correct errors or injustices in your service record. An attorney can help you navigate this process as well.

Tips for a Successful Discharge Upgrade Application

Whether you’re working with an attorney or petitioning the AFDRB on your own, here are some tips to keep in mind:

1. Be Honest: The AFDRB appreciates honesty and transparency. Be upfront about the circumstances of your discharge and how your situation has changed since leaving the service.  However, before admitting to criminal misconduct, be sure to consult with a military law attorney.
2. Provide Strong Documentation: The more evidence you can provide to support your case, the better. This includes medical records, character references, and proof of post-service achievements.
3. Be Professional: Whether you’re submitting a written application or appearing before the board, keep your communication respectful, focused, and professional.
4. Hire a Discharge Upgrade Attorney: The process is complicated, and having an experienced attorney by your side can greatly improve your chances of success.

Ready to Take the Next Step?

Upgrading your Air Force discharge can be a life-changing decision, opening doors to benefits, employment opportunities, and a renewed sense of pride in your service. But the process is complicated, and the stakes are high. That’s why so many veterans turn to an experienced Air Force discharge upgrade attorney to help them navigate the system and present a strong case.

If you’re ready to take the next step in upgrading your discharge, contact the Military Law Center today for a consultation. Our team of military law attorneys is here to help you reclaim the benefits and opportunities you deserve.