A military discharge characterizes a service member’s release from active duty and significantly impacts their eligibility for veterans’ benefits, employment opportunities, and personal reputation. For veterans who believe their discharge status is unjust or inaccurate, pursuing a discharge upgrade can be a crucial step toward restoring honor and accessing entitled benefits. Our team of experienced military discharge upgrade lawyers is dedicated to guiding veterans through this complex process to achieve the best possible outcome. As the best military discharge upgrade attorneys, we offer comprehensive veterans discharge upgrade services to address various military discharge types, including General discharge and less-than-honorable discharge characterizations.
A military discharge upgrade involves changing the characterization of your service—such as from “Other Than Honorable (OTH) discharge” to “Honorable discharge”—to more accurately reflect your service record. This military character of service change process is managed by Discharge Review Boards (DRBs) within each military branch. To initiate an administrative discharge upgrade, veterans typically submit DD Form 293 if discharged within the past 15 years, or DD Form 149 if more than 15 years have passed. It’s essential to provide compelling evidence that the original discharge was improper or inequitable. The authority to upgrade a discharge lies with these review boards, and our military separation lawyers can help you navigate this process effectively.
The character of service on your military discharge directly affects your eligibility for Department of Veterans Affairs (VA) benefits. Generally, an Honorable discharge is required to access the full range of benefits, including healthcare, education (such as the GI Bill), and housing assistance. Upgrading your discharge status can open doors to these benefits, enhancing your quality of life and acknowledging your service. Additionally, veterans with service-connected disabilities may be eligible for specific benefits, regardless of their discharge status.
U.S. Department of Veterans Affairs
When seeking a discharge upgrade, it’s important to understand the two primary boards involved:
Success in obtaining a discharge upgrade largely depends on presenting a well-founded argument that demonstrates your discharge was unjust or improper. Key factors to consider in your upgrade request include:
An experienced military discharge upgrade attorney can assist in gathering and presenting this documentary evidence effectively to support your case during a discharge upgrade hearing.
The Department of Defense has issued guidance, commonly referred to as “Liberal Consideration” memos, instructing review boards to give favorable consideration to discharge upgrade applications involving mental health conditions (eg – PTSD or TBI), sexual assault or harassment, military sexual trauma (MST), or sexual orientation. These memos acknowledge that such factors may have contributed to the circumstances leading to discharge and support a more lenient review process.
Navigating the discharge upgrade process can be complex and challenging. Our military discharge upgrade lawyer is here to provide the experience and support you need to pursue a favorable outcome. We offer personalized consultations to assess your case and discuss the military discharge upgrade process. Many veterans ask, “How much does a discharge upgrade lawyer cost?” and “How long does a discharge upgrade take?” We’re happy to discuss these details during your consultation. Contact us today to take the first step toward securing the benefits and recognition you deserve. For those searching for “discharge upgrade lawyers near me,” our responsiveness to calls and quick availability for an appointment is like we are local and right around the corner.
Ensure your discharge status reflects your service. Contact us for a free military discharge upgrade attorney consultation to protect your veterans’ rights.
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Steven J. Goralski, with Military Defense Litigator, LLC, primary serves Marine Corps Base Camp Lejeune and Fort Bragg. Serving these two locations allows service members in these two locations access to experienced, genuine and effective representation.
Marine Corps Base Camp Lejeune in Jacksonville, NC is home to II Marine Expeditionary Force. It is the largest Marine Corps Base on the East Coast. The location allows for amphibious training and its close proximity to two deep water ports allows rapid deployment worldwide.
Fort Bragg in Fayetteville, NC, by population is the largest military installation in the world with over 50,000 active duty service members. It also houses two airfields allowing quick deployment worldwide.
Available to represent service members throughout CONUS and world wide facing investigation and charges under the UCMJ.