A military discharge marks the end of an individual’s service. Frequently, discharges are mutual and amicable. The service member fulfills their obligations or faces unexpected medical challenges that require the end of their service.
They can move on with their life by pursuing employment or educational opportunities in the civilian world. Other times, service members may face a less-than-honorable discharge. Records of problematic discharges can affect eligibility for benefits. They can also influence employment and higher education opportunities.
Those hoping to upgrade a prior discharge may need help navigating that process.
What is a discharge upgrade?
A discharge upgrade involves changing the official records regarding the end of a service member’s career. Discharge upgrades require review by the US Department of Veterans Affairs (VA). In special, qualifying circumstances, those with problematic discharge records can ask for a formal review and an upgrade of their discharge records.
Typically, those seeking a discharge upgrade must establish that their situation involves unique circumstances. Those with disciplinary issues related to mental health conditions or traumatic brain injuries could be eligible for an upgrade.
Those who experienced sexual harassment or assault during their service may also be eligible for a discharge upgrade. Additionally, those who faced discrimination based on sexual orientation, possibly due to Don’t Ask, Don’t Tell policies, may also be eligible.
The process of gathering documentation, presenting the case and working with the VA can be very challenging. However, those with assistance may potentially be able to correct records that currently limit their opportunities.
Working with a lawyer who has experience with discharge matters and the Board for Correction of Military Records is often a wise choice. Those with unfavorable discharge records can sometimes upgrade or officially alter those records if they follow the right procedures.