Servicemembers may face separation from the military for a variety of reasons. Some people take unwarranted leave of absence due to personal challenges or family emergencies. Others may have had disciplinary or performance issues that culminated in their discharge. Even medical challenges can factor into a servicemember’s discharge.
Unfortunately, an Other than Honorable (OTH) discharge can create numerous challenges for a former servicemember. They may have a difficult time accessing career opportunities. The record of their discharge can limit them in personal ways as well, possibly by affecting their Second Amendment rights.
It is sometimes possible to ask for a correction of military records.
A successful hearing can alter military records
The Board for Correction of Military Records (BCMR) regularly hears cases from current and former servicemembers who question the military records associated with their discharges or careers. Perhaps a former servicemember believes that the initial decision was made in error, or maybe they have made a concerted effort to improve their circumstances since their discharge.
The process begins with an application, and servicemembers may be able to secure an in-person hearing to plead their cases. The BCMR may hear from those struggling because of an OTH discharge. If the servicemember or their attorney successfully presents a compelling case, the BCMR could potentially alter military records to adjust the OTH discharge.
It is also possible to take the matter to the United States Court of Federal Claims if the OTH discharge affects the servicemember’s retirement or benefits. Successful hearings can lead to an update of internal military records to better reflect the nuance of the situation. At that point, the service member may be able to move on with their life without all of the limitations caused by their prior discharge records.
Servicemembers and former servicemembers hoping to update information maintained by the military often need assistance with that process. Exploring the circumstances surrounding the discharge and the servicemember’s life since discharge could help with the development of a strategy to improve a former servicemember’s opportunities.