Tips for Navigating the Discharge Upgrade Process
Your military discharge status can have an impact on both civilian life and your eligibility for veterans benefits. What many people don’t know is that your discharge status isn’t necessarily set in stone. Here’s what you need to know about discharge statuses, how status can impact various areas of life, and how you may be able to obtain a discharge upgrade status.
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What is Discharge Status?
“Discharge” is the process of separating a service member from the military. When you’re discharged from the U.S. military, your discharge will be characterized as:
- Honorable
- General – Under Honorable Conditions
- Under Other than Honorable Conditions
- Bad Conduct
- Dishonorable
- Uncharacterized
A “less than honorable” discharge status can impact your access to veterans benefits, including VA disability benefits. It may also have much wider effects. For example, a bad conduct or dishonorable discharge may make it difficult to find employment and can disqualify a veteran from other federal benefits such as federal financial aid and student loans. In some states, a negative discharge status is treated like a felony conviction, and may even impact voting rights.
When Can You Change Military Discharge Status?
A discharge upgrade may benefit a veteran in many different ways, from removing obstacles to securing financial aid and loans to improving employment options and qualifying for veterans benefits such as disability, home loans, and more.
Getting your discharge status upgraded isn’t easy, but there are some circumstances all branches of the military recognize as possible reasons for a discharge upgrade. These include:
- Mental health conditions, including PTSD
- Traumatic brain injury
- Sexual assault or harassment during military service
- Sexual orientation, including discharges under “Don’t Ask, Don’t Tell”
In 2023, the Department of Defense (DOD) announced that they would be proactively reviewing military discharge records from the Don’t Ask, Don’t Tell era and submitting names to the Secretaries of the appropriate branches of service for consideration for correction.
There are two different processes for attempting to change your discharge status. One is to request an upgrade, and the other is to request a correction. You may also be able to appeal a negative determination. Which process is appropriate for you will depend on a variety of factors, including the reason you are offering for the change, how long it’s been since you were discharged from military service, and whether you have previously applied for an upgrade or correction.
What You Need to Know Before Requesting a Discharge Upgrade or Correction
While it’s sometimes possible to upgrade your discharge status through one of the processes listed above, the military doesn’t make these changes lightly. It will be up to you to demonstrate that you meet the criteria for a change in status, and to provide the evidence required to establish your eligibility. If you’re unfamiliar with the process, it can be difficult to know exactly what type of documentation is most effective. It’s likely in your best interest to work with an experienced advocate.
Key things to know:
- The process typically takes at least several months, and in some cases may take a year or more
- If you are requesting an upgrade or correction because a medical condition such as PTSD or a traumatic brain injury contributed to the circumstances leading to discharge, you will need medical records and ideally a letter from your doctor establishing the condition
- You generally have 15 years after discharge to have your discharge reviewed
- You may request that the Discharge Review Board conduct a review of the record, or you may request a hearing
- The timeline to request a correction is just three years, but there may be exceptions for good cause
What if I’ve Already Been Denied a Discharge Status Upgrade?
If you’ve received a denial in the past, you may still have options. The next steps will depend in part on when you received the denial. You may have a right to appeal the decision. Or, you may want to apply again.
Generally, applying again with the same information and reasoning won’t be successful. You’ll typically need new evidence. However, there have been some big changes in DOD policy over the past 10+ years. For example, the DOD changed the way it handles discharges relating to mental health disorders and traumatic brain injury in 2014. If your separation from service involved one of those conditions and your attempt to upgrade failed prior to that change, you may be able to reapply and get a different result.
Alternatives to Upgrading Discharge Status
Veterans choose to pursue a discharge status upgrade for many reasons. If the sole reason is to establish eligibility for veterans benefits, there is another option for some veterans. The Character of Discharge review process allows the VA to determine that a veteran’s service was “honorable for VA purposes,” despite the official discharge status.
This process also takes several months to a year or more. In some cases, the veteran may want to simultaneously request a discharge upgrade and pursue a Character of Discharge review. The evidence required to support a finding of “honorable for VA purposes” is usually similar to and overlaps with the evidence submitted in a request for correction or to upgrade discharge status.
The Bottom Line on Changing Discharge Status
There are two possible ways to upgrade your official military discharge status and a third path to having your discharge treated as honorable for purposes of qualifying for VA benefits such as disability benefits. Choosing the best approach or combination of approaches for you and assembling evidence can be daunting, and simple mistakes can mean a negative determination.
Working with an experienced advocate can smooth the process, help you make the best choice for your circumstances, and ensure that you submit sufficient evidence to give you the best chance at a favorable determination.
Our Team Can Help
At Veterans Help Group, we also assist veterans and their families with VA disability claims, family and dependent claims, appeals, and more. To learn more about how we can help you fight for the benefits you deserve or help you obtain a discharge upgrade, call 855-855-8992 or click here to fill out our contact form.
Read More On Your VA Disability:
- HOW TO INCREASE YOUR VA DISABILITY RATING FROM 80% TO 100%
- PTSD AND VETERANS: UNDERSTANDING THE 100% DISABILITY RATING REQUIREMENTS
- DIFFERENT TYPES OF 100% VA DISABILITY RATINGS
- THE DIFFERENCE BETWEEN 100% FOR UNEMPLOYABILITY AND 100% DISABILITY RATING
- 50% VA DISABILITY RATING EXPLAINED
- WHAT DOES IT MEAN TO HAVE A 100% VA DISABILITY RATING?
- WHAT BENEFITS DOES A 60% VA DISABILITY RATING GET?
