Overview of Military Discharge Upgrades
Each of the military services has a discharge review board with authority to change, correct or modify most discharges or dismissals.* A veteran or, if the veteran is deceased or incompetent, the surviving spouse, next of kin or legal representative may apply for a review of discharge by writing to the military department concerned, using DoD Form 293.
However, if the discharge was more than 15 years ago, a veteran must petition the appropriate service Board for Correction of Military Records. The veteran, survivor or legal representative generally must file a request for correction of military records within three years after discovery of an alleged error or injustice. The board may excuse failure to file within the prescribed time, however, if it finds it would be in the interest of justice to do so. It is an applicant's responsibility to show why the filing of the application was delayed and why it would be in the interest of justice for the board to consider it despite the delay.
To justify any correction, it is necessary to show to the satisfaction of the board that the alleged entry or omission in the records was in error or unjust. Applications should include all available evidence, such as signed statements of witnesses or a brief of arguments supporting the requested correction. Application is made with DD Form 149, Application for Correction of Military Records to the relevant service branch.
Veterans with disabilities incurred or aggravated during active military service may qualify for medical or related benefits if the service was other than dishonorable. Veterans separated administratively under other than honorable conditions may request that their discharge be reviewed for possible recharacterization, provided they file their appeal within 15 years of the date of separation.
Discharges under other than honorable conditions, as a result of a continuous period of unauthorized absence in excess of 180 days, make persons ineligible for VA benefits, unless the VA determines there were compelling circumstances for the absence. Boards for the correction of military records also may consider such cases.
Why You Need a Lawyer
The process to upgrade a discharge is governed by service regulations, and it can be complicated and tedious. This is why seeking help in upgrading a subpar discharge normally requires professional assistance from someone familiar with the process.
- We know the law. As the information above demonstrates, there are various statutes and regulations involved in discharge upgrades. These rules and regulations interact with VA rules in complex ways. At Bosley & Bratch, we are trained and experienced at dealing with these laws and regulations. For someone who is not familiar with the laws and regulations, one mistake can be catastrophic to the chances of getting a discharge upgrade and VA benefits.
- Proving Case/Gathering Evidence. As part of its determination, the Discharge Review Board considers various military records and meritorious post-service conduct including but not limited to school transcripts, letters from employers, letters of recommendation, and any other letters showing good behavior. Gathering this information is confusing, complex and frustrating. Our lawyers know what information is persuasive in obtaining a favorable discharge upgrade. We know how to obtain the information.
- Experience. Knowing what to submit, what not submit and how to submit it is critical to a discharge upgrade. Our firm's attorneys know what the boards are looking for to grant an upgrade because we have done it many times. We also know what to present to increase the chances of a successful discharge upgrade. We also know what not to present to the board. Most importantly we know how to put together a persuasive argument to create the best possible chance of a successful discharge upgrade.
Fees
The fee for representation in discharge upgrade request is $3,000.
Contact a Lawyer for Veterans
At Bosley & Bratch, we are here and ready to help obtain the discharge you deserve. For a free consultation, call us from anywhere at 1-866-974-0705 (toll free) or send us an e-mail.
As a convenience for the client, most major credit cards are accepted.
Disclaimer
Attorney fees are based on a written fee agreement. The fees above are representative examples of the customary fees charged only and are not intended as an offer or guarantee. The fee charged in your case is based upon the specific facts of your case and may be higher or lower.
*Discharge review boards do not have authority to review discharges that are issued by a sentence of a general courts-martial. However, the Board of Correction for Military Records does have authority to upgrade characterizations issued by a general court martial. Discharge review boards also have no authority to address medical discharges.
