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Your character of discharge from military service has a direct and significant impact on your eligibility for VA benefits. Veterans with an honorable discharge have full access to all VA benefits. Those with a general discharge under honorable conditions are eligible for most benefits but may face restrictions on some education benefits. Veterans with an other than honorable (OTH) discharge, bad conduct discharge (BCD from special court-martial), or dishonorable discharge face significant barriers to accessing VA health care, disability compensation, education benefits, and other programs. If you received a less-than-honorable discharge, upgrading your discharge character may be possible and can open the door to benefits you have been denied.
There are two primary bodies that review discharge upgrades: the Discharge Review Board (DRB) and the Board for Correction of Military Records (BCMR, or BCNR for the Navy and Marines). The DRB can change the character of discharge and the reason for discharge, but it cannot change a discharge that was the result of a general court-martial. Applications to the DRB must be submitted within 15 years of the date of discharge. The BCMR/BCNR has broader authority and can correct any military record, including discharges resulting from court-martial. There is no time limit for BCMR/BCNR applications, though you should explain any delay in applying.
The grounds for a discharge upgrade generally fall into several categories. Inequity means the discharge was not consistent with the policies and traditions of the service at the time, or that the characterization was too harsh for the offense. Impropriety means there was a procedural error, a violation of regulations, or a factual error in the discharge process. New evidence or change in policy can also support an upgrade, particularly if the original discharge was based on conduct that is no longer considered grounds for separation (such as discharge based on sexual orientation under the repealed "Don't Ask, Don't Tell" policy).
The Hagel Memo (issued in 2014 by then-Secretary of Defense Chuck Hagel) and the Kurta Memo (issued in 2017 by then-Acting Under Secretary Kurta) are landmark policy changes that have significantly improved upgrade prospects for many veterans. These memos direct the review boards to give "liberal consideration" to veterans whose misconduct leading to discharge was related to PTSD, TBI, sexual assault or harassment (MST), or other mental health conditions connected to service. The memos acknowledge that many service members were discharged for behavioral issues that were actually symptoms of undiagnosed or untreated conditions. Under this guidance, the boards are instructed to consider whether the condition existed during service, whether the misconduct was related to the condition, and whether the veteran would have received a better discharge absent the condition.
Applying for a discharge upgrade through the DRB requires DD Form 293 (Application for the Review of Discharge from the Armed Forces of the United States). Applying through the BCMR/BCNR requires DD Form 149 (Application for Correction of Military Record). Both forms are available online and can be submitted by mail. Your application should include a clear statement of why you believe your discharge should be upgraded, all supporting evidence (medical records, service records, personal statements, buddy statements, expert opinions), and any relevant legal arguments. The more thorough and well-documented your application, the better your chances of success.
While your discharge upgrade is pending (which can take months to over a year), you may be able to access some VA benefits through a Character of Discharge (COD) determination. The VA makes its own independent determination about whether your service was "under conditions other than dishonorable" for VA purposes. This VA determination is separate from the military discharge review process. Veterans with OTH discharges may be found eligible for VA health care (particularly for service-connected conditions), disability compensation, and other benefits through the COD process. Apply for VA benefits and the VA will make a COD determination as part of the claims process.
Legal assistance for discharge upgrades is available through several organizations at no cost to the veteran. The National Veterans Legal Services Program (NVLSP) provides direct representation and policy advocacy. Swords to Plowshares, the Veterans Legal Clinic at various law schools, and Legal Aid societies in many cities offer free legal help with discharge upgrades. The Connecticut Veterans Legal Center and the National Institute of Military Justice are additional resources. Having legal representation significantly improves the odds of a successful upgrade, particularly for complex cases involving the Hagel and Kurta memo provisions.
Success rates for discharge upgrades vary depending on the circumstances. Cases involving the Hagel and Kurta memos (PTSD, TBI, MST-related discharges) have seen improved success rates since those policies were implemented. Cases involving procedural errors or policy changes (such as discharges under "Don't Ask, Don't Tell") also tend to have higher success rates. Cases seeking to upgrade a bad conduct or dishonorable discharge from a court-martial are generally more difficult, as BCMR/BCNR is the only avenue and the standard of review is higher. Regardless of the odds, if you believe your discharge was unjust or that your conduct was related to a service-connected condition, pursuing an upgrade is worthwhile.
Preparing a strong application involves gathering several types of evidence: your complete service record (available through the National Personnel Records Center), medical records from during and after service, a personal statement explaining the circumstances of your discharge and why it should be upgraded, statements from fellow service members or others who can support your account, and if applicable, evidence of a mental health diagnosis (particularly PTSD, TBI, or MST) that may have contributed to the conduct leading to discharge. Letters from mental health professionals connecting your diagnosis to your in-service behavior can be particularly powerful.
Disclaimer: This article is for educational and informational purposes only. It does not constitute legal, medical, or VA claims advice. VA regulations, fee structures, and enforcement actions are subject to change. Always verify current requirements at VA.gov or consult with an accredited VSO, attorney, or claims agent before making decisions about your benefits.
Written by ClaimRecon Editorial