Military Discharge Upgrades

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A Military Discharge Upgrade is important, and finding the right discharge upgrade lawyer for you is crucial when deciding to take this important step as discharge upgrade is something every service member has the right to have reviewed. When leaving the military, members receive a Certificate of Release or Discharge from Active Duty. The (DD-214) or a National Guard Report of Separation and Record of Service (NGB-22). The DD-214 and the NGB-22 are a summary of service, including discharge characterization. However, a discharge containing adverse information can impair a veteran’s ability to secure veteran’s benefits for themselves and their families. A Military Discharge Upgrade Lawyer can assist with upgrading your discharge.

 

The Discharge Upgrade Boards (DRB)

 

If the service member served in the Air Force, Army, or Coast Guard, they would need to apply to their respective DRBs. The AFDRB, the ADRB, and the CGDRB have limited capabilities but can upgrade a discharge and change the reason, or narrative, for a discharge.  If the service member served in the Navy or the Marine Corps, these entities have a joint DRB (NDRB).

 

The Board of Corrections for Military Records (BCMR)

 

In addition to the DRBs, there are also different Boards for Correction of Military Records (BCMRs). The Air Force (AFBCMR), Army (ABCMR), and Coast Guard (CGBCMR) have their separate boards, but the Navy and Marine Corps have a joint Board known as the Correction of Naval Records (BCNR). The veteran will be required to apply to the appropriate board.

 

The respective BCMR or BCNR will only accept the application if the applicant has tried the other possible ways of obtaining relief. If the service member is requesting something the DRB can do – a Discharge Upgrade, a Change in the Reason for Discharge, or both – the veteran must first apply to a DRB unless the deadline for applying to the DRB has passed. If the veteran is requesting anything else, the DRB may be bypassed, and the application presented directly to a BCMR or BCNR. Choosing the right discharge upgrade lawyer is key when going through this process. 

 

The Process of Upgrading Your Discharge

 

While the DRBs for each service are different, they all follow the same general guidance from the Department of Defense. However, each DRB has a distinct process for filing an upgrade.

 

The first step in requesting an update is to complete an Application for Review of Discharge from the Armed Services of the United States (or DD-293).  The applicant will be asked on the application whether they would like the DRB to decide the case based on the application and supporting documents or an in-person hearing. If a request is made for the DRB to decide the case based on the application without a hearing and then denied, the applicant can then submit a hearing request.  This process allows the applicant two opportunities for a favorable decision.

 

If an in-person hearing is required, it will occur in Washington, D.C., before the DRB. Having an experienced, knowledgeable discharge upgrade lawyer on your side, takes the pressure of going before a board off your shoulders.  The DRB usually consists of five officers. At the hearing, the applicant may testify if they choose to do so. If the veteran elects to testify under oath, the board may ask the applicant questions. Instead of testifying under oath at the hearing, the applicant may submit a written statement.

 

The boards will consider several factors when making a decision, including:

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  • The reason for the discharge,
  • The length of time that has passed since the discharge,
  • The applicant’s record of community service,
  • The applicant’s employment record,
  • The veteran’s general conduct,
  • Educational achievements,
  • Family relationships, and
  • Character Statements
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If the request is denied, you may go to the BCMR. The applicant may submit a request to appeal the DRB’s decision to the BCMR using DD-Form 149. The chances of denial are reduced significantly when you have the right discharge upgrade lawyer on your team.

If the discharge occurred more than 15 years ago, the veteran may apply directly to the Board for Correction of Military Records (BCMR). However, veterans should apply to the BCMR within three years of discovering the error or injustice that they are requesting to correct. The application may be accepted and reviewed after three years. The applicant will need to show “good cause” regarding why the deadline was missed. Also, that it is in the “interests of justice” for the BCMR to accept and review the application.

 

The applicant may submit a DD-2870 to request medical and dental records. Veteran’s Administration forms 10-5345, and 10-5345a allow disclosure of medical or dental records kept by the VA. An experienced discharge upgrade lawyer who knows the correct way to get these records could potentially shave months off your upgrade timeline.