Are you a veteran seeking to upgrade your military discharge? At MilitaryLaw.com, we understand the importance of a clean record and its impact on your future. That’s why our experienced team of discharge upgrade lawyers is here to assist you with the complex process of upgrading your discharge.
Discharge Upgrade Lawyer Guide
- Why Choose MilitaryLaw.com’s Discharge Upgrade Lawyers?
- The Discharge Upgrade Process
- The Discharge Upgrade Review Process
- Preparing for Your Discharge Upgrade Hearing
- Why a Discharge Upgrade Matters
- Frequently Asked Questions about Discharge Upgrades
- Contact our Military Attorneys Today
Why Choose MilitaryLaw.com’s Discharge Upgrade Lawyers?
- Experience: Our lawyers have over 12 years of active duty experience in the U.S. Air Force and continue to serve in the U.S. Air Force Reserve. We have handled thousands of military justice actions and deeply understand the UCMJ.
- Results: We have a proven track record of success, with a five times better rate of not guilty verdicts compared to the DOD as a whole. Our clients have received honorable discharges, had all charges dismissed, and won separation boards.
- Personalized Attention: We understand that every case is unique. That’s why we take the time to listen to your story and develop a customized strategy to achieve the best possible outcome for you.
The Discharge Upgrade Process
The discharge upgrade process can be complex and time-consuming. Here’s what you need to know:
Eligibility Requirements for Discharge Upgrades
To be eligible for a discharge upgrade, you must have been discharged from the military under conditions other than honorable. This includes general discharge, other than honorable discharge, bad conduct discharge, and dishonorable discharge. You are not eligible for an upgrade if you received an honorable discharge.
It’s important to note that there is a time limit for applying for a discharge upgrade. In most cases, you must apply within 15 years of your discharge date. However, there are some exceptions to this rule, such as providing evidence that your discharge was unjust or having a compelling reason for the delay in applying.
When considering your eligibility for a discharge upgrade, the board will look at various factors, including the reason for your discharge, your service record, and any mitigating circumstances. They will also consider any evidence of post-service accomplishments that demonstrate your good character and rehabilitation.
The Discharge Upgrade Review Process
If you are eligible for a discharge upgrade, your case will be reviewed by a board of military officers. The board is typically made up of five members, including at least one officer from your branch of service.
During the review process, the board will carefully examine your service record, including any commendations, awards, or disciplinary actions. They will also consider the circumstances surrounding your discharge, such as any medical or mental health issues that may have contributed to your behavior.
In addition to your service record, the board will also consider any evidence of post-service accomplishments that you provide. This can include documentation of volunteer work, community involvement, educational achievements, and employment history.
It’s important to note that the board has the authority to upgrade your discharge to a higher level, such as from other than honorable to general or from general to honorable. However, they cannot overturn a court-martial conviction or change the reason for your discharge.
Gathering Evidence to Support Your Case
One of the most important aspects of the discharge upgrade process is gathering evidence to support your case.
This can include:
- Character references from family members, friends, and colleagues
- Medical records that document any physical or mental health issues that may have contributed to your behavior
- Documentation of any post-service achievements, such as volunteer work, educational accomplishments, or employment history
- Statements from witnesses who can attest to your good character and rehabilitation
Many people believe they can compile a strong case on their own, but their subjective perspective clouds the matter. You want an objective party to build a case to prove your character and worthiness of an upgrade.
It’s important to work with an experienced military lawyer who can gather and organize this evidence in a way that presents a compelling case to the review board. Your lawyer can also identify any additional evidence needed to support your case.
Preparing for Your Discharge Upgrade Hearing
If the review board selects your case for a hearing, you may present your case in person. An experienced military lawyer can make you feel confident and prepared.
During the hearing, your lawyer will present evidence and arguments on your behalf. They will also be available to answer any questions from the board and provide guidance and support throughout the process.
Dress professionally and respectfully conduct yourself during the hearing. The board will evaluate your character and sincerity, so making a positive impression is important.
After the hearing, the board will deliberate and decide on your case. If your discharge is upgraded, you will receive a new discharge certificate, and your military records will be updated to reflect the change.
Why a Discharge Upgrade Matters
A discharge upgrade can have a significant impact on your life. Here are just a few of the benefits:
Employment Opportunities with a Discharge Upgrade
A less-than-honorable discharge can have a significant impact on your employment prospects. Many employers, particularly those in government or security-related fields, require a clean military record as a condition of employment.
Even in industries that don’t explicitly require a military background, a less-than-honorable discharge can raise red flags for potential employers.
Upgrading your discharge can open up a wide range of new job opportunities and help you advance in your career. With an honorable or general discharge, you can confidently apply for jobs knowing that your military service will be an asset rather than a liability.
In addition to improving your chances of getting hired, a discharge upgrade can also help you qualify for promotions and leadership positions. Many employers value the skills and experience that veterans bring to the table, and a clean military record can demonstrate your reliability, integrity, and commitment to service.
Restoring Eligibility for VA Benefits
Veterans who receive a less-than-honorable discharge may be ineligible for certain VA benefits, including healthcare, disability compensation, and education assistance. This can hurt those who struggle with physical or mental health issues related to their military service.
Upgrading your discharge can restore your eligibility for these important benefits.
With an honorable or general discharge, you can access the full range of VA services, including:
- Healthcare: You may be eligible for comprehensive medical care through the VA, including primary care, specialty care, and mental health services.
- Disability compensation: If you have a service-connected disability, you may be eligible for monthly compensation payments to help cover the cost of medical treatment and other expenses.
- Education benefits: The VA offers a range of education programs, including the GI Bill, which can help you pay for college, vocational training, or other educational pursuits. However, education benefits are not accessible with a general discharge.
Restoring your eligibility for these benefits can provide a vital safety net and help you build a stronger foundation for your future.
The Personal Impact of a Discharge Upgrade
For many veterans, military service is a source of deep personal pride and a defining experience in their lives. A less-than-honorable discharge can feel like a stain on that legacy, affecting not only your employment and benefits but also your sense of self-worth and identity.
Upgrading your discharge can provide a sense of closure and validation for your military service. Knowing that your record accurately reflects your character and commitment can help you feel proud of your accomplishments and contributions.
In addition to the personal impact, a discharge upgrade can also positively affect your relationships with family and friends. Many veterans feel a sense of shame or embarrassment about their discharge status, which can strain personal connections and make it difficult to share their experiences with loved ones.
By upgrading your discharge, you can move forward with a renewed sense of confidence and pride, knowing that your military service is recognized and valued.
Frequently Asked Questions about Discharge Upgrades
Q: What is a discharge upgrade?
A: A discharge upgrade is the process of requesting a higher level of discharge characterization from the military. This can include upgrading from a less-than-honorable discharge to a general or honorable discharge.
Q: Who is eligible for a discharge upgrade?
A: Veterans who received a less than honorable discharge, including general, other than honorable, bad conduct, or dishonorable discharge, may be eligible for a discharge upgrade. However, you must meet certain time limits and other eligibility requirements.
Q: How long do I have to apply for a discharge upgrade?
A: In most cases, you must apply for a discharge upgrade within 15 years of your discharge date. However, there are some exceptions to this rule, such as providing evidence that your discharge was unjust or having a compelling reason for the delay in applying.
Q: What factors does the review board consider when evaluating a discharge upgrade request?
A: The review board will consider a wide range of factors when evaluating a discharge upgrade request, including:
- Your service record
- The circumstances surrounding your discharge
- Any medical or mental health issues that may have contributed to your behavior
- Any evidence of post-service accomplishments or rehabilitation
Q: Can a discharge upgrade overturn a court-martial conviction?
A: No, a discharge upgrade cannot overturn a court-martial conviction. However, it can upgrade the characterization of your discharge, which can significantly benefit your employment prospects, eligibility for VA benefits, and personal sense of pride and accomplishment.
Q: What evidence do I need to provide to support my discharge upgrade request?
A: You should provide as much evidence as possible to support your discharge upgrade request, including:
- Character references
- Medical records
- Documentation of post-service achievements
- Statements from witnesses who can attest to your good character and rehabilitation
Q: How long does the discharge upgrade process take?
A: The length of the discharge upgrade process can vary depending on a number of factors, including the complexity of your case and the current backlog of cases before the review board. The process can generally take several months to a year or more.
Q: What happens if my discharge upgrade request is denied?
A: If your discharge upgrade request is denied, you may have the option to appeal the decision or reapply at a later date. An experienced military law attorney can explain your options and determine the best course of action based on your individual circumstances.
Q: How can I get started with the discharge upgrade process?
A: If you are considering applying for a discharge upgrade, the first step is to contact an experienced military law attorney for a free consultation.
At MilitaryLaw.com, we have a proven track record of success in helping veterans upgrade their discharges and move forward with their lives. Contact us today to learn more about your options and take the first step toward a brighter future.
Q: Can I apply for a discharge upgrade with a felony conviction?
A: Yes, you can still apply for a discharge upgrade even if you have a felony conviction. However, the review board will consider the nature and circumstances of your conviction when evaluating your request, and it may be more challenging to obtain an upgrade in these cases.
Q: Can I receive VA benefits while my discharge upgrade request is pending?
A: In most cases, you cannot receive VA benefits while your discharge upgrade request is pending. However, if your request is approved, you may be eligible for retroactive benefits dating back to your original application date.
Contact our Military Attorneys Today
Jeremy Snyder, Discharge Upgrade Attorney
Contact MilitaryLaw.com today if you’re ready to take the first step towards upgrading your military discharge. Our team of experienced lawyers is ready to fight for you and achieve the best possible outcome. Contact us for your free consultation.
At MilitaryLaw.com, we understand the unique challenges veterans face seeking to upgrade their discharge. With our experience, personalized attention, and proven track record of success, we’re here to support you every step of the way. Don’t wait – contact us today at (800) 235-3645 and let us fight for your future.
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The Army, Air Force, Space Force, Navy, Marine Corps, and the Coast Guard have courtrooms all over the world. We can appear in every one of them. We have represented clients ranks from E-1 through O-8.