A less-than-honorable discharge from the military can have a devastating impact on veterans who struggle with disabilities related to time in service. It can block access to education and employment opportunities, housing, or even health care available to veterans .
However, it’s possible to upgrade your discharge through the Department of Defense or Coast Guard, or change your status to “honorable for VA purposes” to allow access to VA benefits. Both options are available to veterans, through the DoD discharge upgrade process and through the VA’s Character of Discharge review process.
Access VA Benefits Without a Discharge Upgrade
If you have received a less than honorable discharge, you may be eligible for VA benefits through the Character of Discharge review process. The VA will examine your record to determine whether your service was “honorable for VA purposes.”
In making its determination as to compelling circumstances, the VA is required by law to consider several factors, including the quality and length of the veteran’s service, exclusive of the period of absence.
Another consideration in determining whether an other than honorable discharge is a bar to benefits is whether the person was insane at the time of committing the offense for which the veteran received the discharge, but VA findings of insanity are rare.
This review process typically takes up to a year, and you should provide supporting documents along with your application, similar to the evidence you would submit when applying for a discharge upgrade. You can apply for a VA Character of Discharge review while also seeking a discharge upgrade from the Department of Defense (DoD) or Coast Guard, which takes longer.
To improve your chances of success, you may want to consider finding an advocate to help you with the process. This could be a VA lawyer or a Veterans Service Organization (VSO) that can assist you in gathering and submitting supporting documents.
How Our VA Lawyers Can Help with Your VA Character of Discharge Review
We build strategic, evidence-packed legal cases designed to meet the exact criteria reviewers use to make decisions. Hill & Ponton offers:
- Experienced VA Lawyers – We’ve been assisting veterans earn their rightful benefits for over 30 years
- Proven Track Record – We only take cases we believe will succeed (no false promises!) and have a general success rate of 96%
- Nationwide Representation – We can handle Character of Discharge reviews anywhere in the U.S.
- No Upfront Fees – We get paid a percentage of your retroactive pay if and only if we win
Now that we understand the importance of military discharge status, let’s explore how to review and upgrade your discharge.
Find Out If You Qualify for a Discharge Upgrade
The other option to change your status is a discharge upgrade via the Department of Defense. When applying for a discharge upgrade, the goal is to convince a review board that your original discharge characterization was an error or unfair given the circumstances. You will need a compelling reason for requesting a discharge upgrade, such as:
A Mental Health Condition
Many veterans receive less-than-honorable discharges due to behavior that was, in reality, a symptom of a service-connected mental health condition. Even if the condition was undiagnosed at the time of service, you may be able to show that it existed and directly influenced the events leading to discharge. Common conditions include:
Additionally, if you require mental health services for PTSD or other mental health issues related to your service (including those linked to military sexual trauma), you may be eligible for VA health benefits immediately, even without a VA Character of Discharge review or a discharge upgrade.
Military Sexual Trauma (MST)
Military Sexual Trauma refers not just to sexual assault, but to repeated, threatening sexual harassment experienced during military service. Veterans who survived MST often face lasting psychological effects, including anxiety, depression, and PTSD, which can influence their behavior and lead to misconduct charges.
Lawyers experienced in MST might show that the misconduct cited in the discharge (whether AWOL, insubordination, or self-medication through substance use) was a direct result of a traumatic incident or retaliation for reporting it. If, for instance, you were discharged for alcohol-related misconduct, an upgrade could be granted based on evidence that you began drinking heavily only after experiencing MST.
Traumatic Brain Injury
Like PTSD and MST, TBI is recognized by DoD guidance as a mitigating factor in discharge upgrade cases. A lawyer could argue that, since TBI can significantly affect judgment, impulse control and behavior, the veteran acted in ways that were out of character due to their service-related injury.
Discharges Under Outdated Policies
The DoD allows veterans discharged under “Don’t Ask, Don’t Tell” (or other now-repealed policies) to request an upgrade to their discharge, if that policy was the sole reason for the less-than-honorable characterization.
Discrimination
Racial, religious or sexual bias that contributed to the discharge outcome, either in the events leading to the misconduct charge or in the severity of the punishment (if the service member was treated more harshly compared to others), can be grounds for a discharge upgrade.
Post-Discharge Conduct
Under recent DoD policy, review boards are encouraged to consider evidence of positive post-service behavior when deciding whether to upgrade a discharge. This includes:
- Steady employment
- Completion of higher education or vocational training
- Volunteer work and community involvement
- A clean criminal record
- Participation in rehabilitation programs
Demonstrating that you have led an honorable and productive life after service can help persuade the board that your earlier misconduct, especially if it was many years ago, does not define your character.
Errors in Documents or Processes
Mistakes, omissions, or misapplications of the law are the strongest grounds for a discharge upgrade. If your separation was handled incorrectly, unfairly, or in violation of military regulations, we can help put things right.
Procedural Errors in the Discharge Process
Military separations must follow strict regulations under each branch’s policies and the Uniform Code of Military Justice. If those procedures weren’t followed, the discharge can be challenged as “improper”.
Examples of procedural errors that may warrant a discharge upgrade:
- Failure to provide required legal counsel before accepting an administrative separation
- Inadequate notice of the discharge proceedings or insufficient time to prepare a defense
- Not informing the service member of their right to appeal or present evidence
- Missing or incomplete discharge documentation in the official record
Inaccurate or Incomplete Service Records
Sometimes the narrative reason for separation or the characterization of service is based on incorrect facts or missing information. That includes administrative errors like wrong dates, as well as the failure to include positive evaluations, service records or awards in the official file.
Conversely, records wrongly saying the veteran committed multiple infractions (when the evidence only supports one incident), can be used to argue for a discharge upgrade.
Missing Due Process in Misconduct Cases
If your discharge was based on alleged misconduct, you were entitled to certain protections, especially if your discharge was less than honorable. Some possible reasons for requesting a discharge upgrade are:
- Not being given an opportunity to respond to the allegations in writing or in person
- Evidence used against you that was never disclosed
- Witnesses not being allowed or considered
Misapplication of Regulations or Policies
The military must apply discharge rules consistently. If regulations were misinterpreted or misapplied, the discharge can be challenged. Examples include:
- Using the wrong separation authority or discharge code for the alleged misconduct
- Applying harsher disciplinary action than authorized for the offense
- Failing to follow updated DoD guidance (e.g., the “liberal consideration” policy for PTSD, TBI, or MST)
How the Discharge Upgrade Process Works
Navigating a discharge upgrade isn’t just paperwork: it often requires understanding military regulations, legal standards, and procedural rules. An attorney experienced in discharge upgrades can identify the strongest arguments for your case, gather persuasive evidence, and present your application to the review board in a way that aligns with their decision-making criteria.
Applying for a Discharge Upgrade
The first step in pursuing a discharge upgrade is to gather all relevant documentation related to your military service, including your discharge paperwork and any supporting evidence that may help make your case. This could include medical records, personal statements, and testimony from colleagues or supervisors who can attest to your character and performance.
Once you have all of your documentation in order, you will need to file a formal request for a discharge upgrade with the appropriate military review board. The specific board you will need to file with depends on the branch of service in which you served, the type of discharge you received, and how long ago you separated.
The Discharge Review Board (DRB)
The DRB handles cases for veterans whose discharge is less than 15 years old. Each service branch has its own Discharge Review Board that can change the characterization of service and the narrative reason for separation but cannot alter discharges issued by a general court-martial.
While each DRB has a distinct filing process, you must submit your discharge upgrade application using DD Form 293. You can request either a records review or an in-person hearing in Washington, D.C. Hearings take longer but may improve your chances of success by allowing your lawyer to present the case directly to the Discharge Review Board.
The Board for Correction of Military Records
The BCMR handles cases where the discharge is more than 15 years old, appeals of DRB decisions, or cases involving discharges from a general court-martial. This board has the authority to correct any military record, but hearings are rare, and decisions are based primarily on written submissions. It requires an application with DD Form 149.
What Happens After Filing for a Discharge Upgrade?
The review board will conduct a thorough review of your case, taking into account all of the evidence you have provided. This review process can take several months or even years, so it’s important to be patient and persistent in pursuing your upgrade.
If your request for a discharge upgrade is granted, you will receive a new discharge status that reflects the upgraded level of honor or characterization. If your request is denied, you may still have options for appeal or further review, where legal representation can be especially valuable, particularly when transitioning from the DRB to the BCMR or when addressing complex legal or procedural errors.
Discharge Upgrade FAQ
Can I establish eligibility for VA benefits with discharges from multiple periods of service?
If you have discharges from more than one period of service, you may be able to use an honorable period to qualify for VA benefits, even if you later received a less than honorable discharge. A lawyer can help highlight your honorable service and avoid confusion about eligibility. Get a free evaluation of your case.
What if my previous discharge upgrade application was denied?
If you previously applied for a discharge upgrade or correction and were denied, you can apply again, but you may need to follow a different process.
Applying again is more likely to be successful if your application is significantly different from when you last applied. Here are some examples of what could make your application different:
- Errors or omissions in your first application
- Additional evidence that wasn’t available when you last applied
- New Department of Defense rules regarding discharges since you last applied (such as changes in 2011 for sexual orientation, in 2014 for PTSD/TBI/mental health, and in 2017 for military sexual harassment or assault)
How long does a discharge upgrade take?
A discharge upgrade may take anywhere from 6 to 24 months, with the Discharge Review Board (DRB) usually acting faster than the Board for Correction of Military Records (BCMR). Records retrieval or in-person hearings can also extend the timeline of the discharge upgrade process.
It’s important to start as soon as possible, especially if your discharge is approaching the 15-year DRB deadline – after that, only the BCMR can review your case, and they have stricter rules.
How Much Is a Discharge Upgrade Worth?
If your discharge is upgraded from Other Than Honorable, Bad Conduct, or another ineligible status to Honorable or General (Under Honorable Conditions), you could gain access to benefits worth hundreds of thousands of dollars over your lifetime.
- Disability Compensation: Tax-free payments of up to $4,000 per month (or even more with Special Monthly Compensation), with possible retroactive pay for years of previously uncompensated disabilities
- VA Healthcare: Free or low-cost medical care, potentially saving thousands of dollars annually
- VA Home Loan Program: Zero down payment, no PMI and lower interest rates can mean savings worth $20,000–$100,000
- Post-9/11 & Montgomery GI Bill: Full tuition, housing allowance, and stipends for education worth $50,000–$200,000 become available to veterans upgraded to an Honorable discharge
- Federal & State Employment Preference – Hiring advantage for government jobs
- Vocational Rehabilitation & Employment (VR&E): Job training, career counseling, and support for veterans
Retroactive Pay After a Discharge Upgrade
One of the biggest financial wins from a discharge upgrade is retroactive compensation. Here’s how it works:
- If your discharge upgrade makes you newly eligible for VA benefits you previously applied for and were denied, you may receive back pay from the date of your original application
- If you never applied before but apply within one year of separation, your retroactive benefits can date back to your separation date
- Retroactive pay can cover years or even decades of missed monthly disability compensation
- Back pay is paid in a lump sum, which can be tens or hundreds of thousands of dollars
At Hill & Ponton, we specialize in helping disabled veterans access the compensation and benefits that can improve their quality of life, with a 96% success rate. If we take your case, our lawyers will fight on your behalf to win the VA benefits you deserve, at no upfront cost. Get a free case evaluation.
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