If you received a discharge characterization that doesn’t reflect your service or circumstances, you’re not alone or without options. Whether you were discharged with a General, Other Than Honorable (OTH), or Bad Conduct Discharge, there is a path toward restoring your record and reputation. At Military Justice Attorneys, we help service members and veterans fight for the recognition they deserve by pursuing discharge upgrades through the appropriate military review boards.
Why Your Discharge Status Matters
Your discharge characterization can significantly impact your life after the military. It affects your access to VA benefits, GI Bill eligibility, healthcare, employment opportunities, and reputation. A less-than-Honorable discharge can follow you for years, even if it resulted from a minor incident or an unfair decision. That’s why a discharge upgrade is worth exploring.
Who Can Request a Discharge Upgrade?
Anyone separated from the military with a characterization less than “Honorable” may request an upgrade. This includes individuals discharged with:
- General (Under Honorable Conditions)
- Other Than Honorable (OTH)
- Bad Conduct Discharge (issued by special court-martial)
- Dishonorable Discharge (issued by general court-martial)
However, it’s important to understand that Dishonorable and Bad Conduct discharges issued through a court-martial are extremely difficult to upgrade. In these cases, your application may require a successful appeal through the military appellate courts before requesting relief from a review board.
Where and How Do You Apply?
There are two main avenues for seeking a discharge upgrade:
- Discharge Review Board (DRB) – This board reviews most discharge upgrade requests that do not involve a court-martial. You must submit your application within 15 years of separation. The DRB does not have the authority to change the underlying reason for discharge related to a court-martial conviction.
- Board for Correction of Military Records (BCMR or BCNR) – This board reviews more complex cases, including those beyond the 15-year deadline or those involving court-martial convictions. It can also correct errors or injustices not handled by the DRB.
Both boards allow applicants to request a records review or a personal hearing (in-person or virtual) to present additional evidence and arguments.
What Are Your Chances of Success?
Every case is different, but success largely depends on the strength of your supporting evidence and the reasons for your request. To improve your chances, you’ll need to:
- Demonstrate “Propriety” or “Equity” – Show that the discharge was either factually or legally incorrect (improper), or that it was too harsh or inconsistent with current policies (inequitable).
- Provide Evidence of Post-Service Conduct – If applicable, showing rehabilitation, employment history, or community involvement can support your case.
- Highlight Policy Changes – In recent years, the DoD has issued guidance encouraging review boards to give “liberal consideration” to veterans who have PTSD, TBI, or related mental health conditions that may have contributed to misconduct.
At Military Justice Attorneys, we know how to build a compelling case based on the facts, service history, medical documentation, and legal standards. Our attorneys are veterans themselves, and we understand how these discharges affect real lives.
Why Legal Representation Matters
You only get one shot at making a first impression with the board. While it’s possible to apply independently, many applications are denied due to missing documentation, weak arguments, or failure to link the misconduct to mitigating factors. An experienced military attorney can help craft a persuasive narrative, gather the proper evidence, and present your case clearly and effectively.
Take the Next Step
If you believe your discharge status was unfair, unjust, or no longer reflects who you are today, don’t wait to explore your options. A discharge upgrade won’t erase the past, but can open doors to a better future.
Contact Military Justice Attorneys to schedule a confidential consultation and let us help you fight for the record—and the recognition—you deserve.