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What can you do when you are dishonorably discharged from the military?

On Behalf of | Oct 8, 2024 | MILITARY LAW - Military Law

Different offenses can lead to a dishonorable discharge from the military. But it’s mainly given when one is convicted of a felony-level offense during service at a general court-martial, such as fraud, sexual assault and treason, whether committed in military or civilian jurisdiction. You may also be dishonorably discharged if convicted of desertion and being absent without leave (AWOL).

When you are dishonorably discharged from the military, you will not be recognized as a veteran by the U.S. government. Accordingly, you may be ineligible for most veteran benefits.

So, what can you do when dishonorably discharged from the military?

Gather evidence

You need adequate evidence to protect yourself from a dishonorable discharge. For example, if you are accused of desertion or AWOL, collect all the documents that show you followed the proper rules before leaving the unit or place of duty. 

Any evidence that can eliminate the factor that contributed to the dishonorable discharge can be beneficial, including signed witness statements, evidence of a drug-free lifestyle, military records detailing positive performance and documents showing errors during the court-martial process.

Appeal the case

You can appeal a dishonorable discharge. Every branch of the military has a discharge review board (DRB). This board has the authority to correct or change a discharge. 

If your discharge was less than 15 years ago, complete the DD Form 293 and send it to your DRB. If your discharge was more than 15 years ago, you will complete the DD Form 149 and submit it to the appropriate Boards for Correction of Military or Naval Records (BCM/NR). The respective body will provide you with further instructions.

Appealing a dishonorable discharge can be complicated. Consider getting legal guidance to protect your veteran status and benefits.