Military Discharge Upgrades

Regaining the Honor You Deserve: Military Discharge Upgrades Explained

We fight for veterans to receive a fair and accurate discharge characterization. Free consultation.
Unfair Discharge? / Get the Upgrade You Deserve.
Military Law Center Logo

A less-than-honorable discharge from the military can have lasting consequences. Military Law Center understands the importance of recognizing a veteran’s service and can help you navigate the process of seeking a discharge upgrade.

Understanding Your Rights as a Veteran

Military service is a defining experience, and a veteran’s discharge from the military is a significant milestone. However, navigating the complexities of military discharge procedures and veterans’ benefits can be challenging. Military Law Center is here to help.

Types of Military Discharges

The characterization of your military service, reflected in your discharge paperwork (DD Form 214), determines your eligibility for various benefits and can impact your future opportunities. Here’s a breakdown of the primary discharge types:

  • Honorable Discharge:
    This is the most desirable discharge, indicating faithful and exemplary service. An Honorable discharge generally qualifies veterans for the full range of VA benefits and educational opportunities.
  • General Under Honorable Conditions (General):
    This discharge signifies satisfactory service that fell short of the standards for Honorable discharge. Eligibility for VA benefits may be limited depending on the specific reason for the General discharge.
  • Other Than Honorable Discharge (OTH):
    An OTH discharge indicates misconduct that did not warrant a court-martial but violates military standards. This discharge typically disqualifies veterans from most VA benefits and can hinder employment prospects.
  • Bad Conduct Discharge (BCD):
    A BCD is less severe than a dishonorable discharge and is designed as a punishment at court martial for serious offenses of either a civilian or military nature.
  • Dishonorable Discharge (DD):
    This is the most severe discharge, typically reserved for serious offenses like desertion or felonies. A Dishonorable discharge disqualifies veterans from all VA benefits and can create significant challenges in civilian life.
  • Dismissal:
    A dismissal is equivalent to a Dishonorable Discharge for enlisted members and is the only available punitive discharge for officers at a General Court Martial.

The Discharge Process

The military discharge process varies depending on the circumstances of your separation from service. Here’s a general overview:

  • Administrative Discharge:
    This is the most common type of discharge, initiated by the military due to factors like service completion, medical reasons, or performance issues.
  • Separation vs. Discharge:
    It’s important to distinguish between separation (the administrative end of service) and discharge (the characterization of service). A separation can lead to an Honorable discharge or further evaluation for a different discharge type.
  • Appealing Your Discharge:
    If you disagree with your discharge characterization, you have the right to appeal the decision through established military review boards. An experienced attorney can guide you through this process.

Get Help Now

Call us Today at (760) 536-9038 or complete the below form for a free, no obligation initial consultation.

Contact Us

Benefits for Veterans

A fair and accurate discharge characterization is crucial for accessing the benefits you deserve as a veteran.  Here are some key benefits to consider:

  • VA Healthcare:
    Eligible veterans can receive comprehensive healthcare services through the Department of Veterans Affairs (VA) healthcare system.
  • Education Benefits:
    The GI Bill and other educational programs help veterans pursue college degrees, vocational training, or certifications.
  • Employment Assistance:
    The VA and various organizations offer programs and resources to assist veterans in finding employment after service.

Who is Eligible for a Discharge Upgrade?

Veterans who believe their discharge characterization (such as Other Than Honorable or General Under Honorable Conditions) was unfair or unjust may be eligible for an upgrade.  Common reasons for seeking an upgrade include:

  • Mental health conditions:
    Post-traumatic stress disorder (PTSD), traumatic brain injury (TBI), or other service-related mental health conditions.
  • Military sexual trauma (MST):
    Sexual assault or harassment experienced during military service.
  • Sexual orientation:
    Discharges related to the former “Don’t Ask, Don’t Tell” policy.

Benefits of a Discharge Upgrade:

An upgraded discharge can unlock a range of benefits you may have been denied, including:

  • Eligibility for VA healthcare and benefits.
  • Improved employment opportunities.

Restored sense of honor and recognition for your service. Military Law Center: Your Trusted Ally Can Help

Military discharge upgrades can be complex and involve legal considerations.  Our experienced attorneys can:

  • Evaluate your eligibility and chances of success.
  • Gather and organize necessary evidence.
  • Develop a compelling case on your behalf.
  • Represent you throughout the review process.

At Military Law Center, we understand the frustration and potential shame you might feel with an unfair discharge. Your service deserves to be recognized accurately. That’s why we build strong, results-oriented relationships with our veteran clients. We will take the time to listen to your story thoroughly, understand the specific circumstances of your discharge, and determine if an upgrade is possible. We are relentless in gathering evidence and building a compelling case that fights for the upgrade you deserve. We won’t back down until you receive a fair and accurate discharge characterization that reflects your service and commitment.

Don’t Let an Unfair Discharge Hold You Back.

Contact Military Law Center today for a free consultation to discuss your discharge upgrade options.  We are dedicated to helping veterans secure the recognition they deserve. Military Law Center is dedicated to protecting the rights of veterans throughout California and nationwide.  We understand the complexities of military law and can assist you with various legal matters, including:

  • Discharge Upgrades:
    If you believe your discharge characterization is unfair or inaccurate, we can help you navigate the upgrade process.
  • Military Legal Defense:
    Facing a court-martial or other disciplinary action? We provide aggressive and effective legal representation to protect your rights.

Don’t face these challenges alone.

Contact Military Law Center today for a free consultation.  We are committed to helping veterans secure the future they deserve.

Military Law Center Is Ready to Help You – Right Now.

Call Us Today – (760) 536-9038

Military Law Center Attorneys Gary S. Barthel and Kevin Courtney
The Military Law Center Attorneys Gary S. Barthel and Kevin Courtney