Discharge Upgrades
The National Veterans Legal Services Program (NVLSP) assists veterans who were discharged from the military with a less than fully Honorable characterization of service with obtaining a discharge upgrade from a Department of Defense (DOD) review board. A discharge upgrade to a more favorable characterization of service or a change in the narrative reason for separation can allow a veteran to access increased veterans’ benefits, increase employment prospects, and generally improve a veteran’s reputation and self-esteem.
NVLSP reviews each applicant’s military personnel records, service treatment records, Department of Veterans Affairs (VA) claims file, and any other documentation submitted by the veteran to determine whether we can assist with a discharge upgrade application. Common arguments in favor of a discharge upgrade include:
• Mental Health Conditions: Veterans who suffered from mental health conditions while in service (even if undiagnosed) might be able to demonstrate that their mental health condition(s) impacted their behavior and resulted in a less than fully Honorable discharge characterization. These mental health conditions include Post-Traumatic Stress Disorder (PTSD), depression, anxiety, etc.
• Military Sexual Trauma (MST): Similarly, veterans who survived MST while in service may be able to argue that the misconduct resulting in their discharge was a result of or a reaction to the MST event(s).
• Traumatic Brain Injury (TBI): Veterans who suffered a TBI while in service can make the argument that the TBI caused them to act differently than they normally would have and caused the misconduct that led to their discharge.
• Personality Disorder/Adjustment Disorder: Recent studies have found that many veterans are wrongfully discharged from military service for a personality disorder or adjustment disorder that they might not actually have. Veterans can argue that their discharge should not reference the incorrect diagnosis. If a veteran received a less than Honorable characterization of service on the basis of the alleged personality disorder, the veteran can also argue that this characterization is unwarranted based on their otherwise commendable service. This also applies to veterans who were discharged with a narrative reason for separation of “Personality Disorder” or “Adjustment Disorder.”
• Don’t Ask, Don’t Tell (DADT): Prior to 2011, the military could discharge veterans from service on the basis of their sexual orientation. In some cases, these servicemembers might have even received a less than Honorable characterization of service on the basis of their sexual orientation. DOD guidance issued after the repeal of DADT allows changes to a veteran’s characterization of service and/or narrative reason for separation if the veteran’s discharge was based on DADT or a prior similar policy .
• Racial Discrimination: Studies conducted by various veterans’ advocacy organizations have found evidence of disparate treatment of racial minorities in the military, particularly related to punishment for infractions of the Uniform Code of Military Justice (UCMJ) and discharges with less than Honorable characterizations of service. Veterans might be able to argue that the misconduct that led to their discharge was a result of racial discrimination or harassment, either from their fellow servicemembers or their superiors. Veterans may also be able to argue that racial discrimination influenced the decision to discharge and/or which characterization of discharge they were assigned.
• Post-Discharge Conduct: The most recent DOD guidance encourages review boards to consider whether evidence of veterans’ positive post-discharge conduct and achievements might outweigh the misconduct that led to their discharge. Veterans can submit evidence of their positive conduct post-service (such as employment history, educational achievements, community involvement and volunteer work, etc.) to convince a review board that they have led a positive life since their discharge.
How do I request legal assistance from NVLSP’s Lawyers Serving Warriors® program?
Click here to provide us with your contact information and preliminary information
If you qualify, we will provide you with an application form to complete and return to us. We recommend you include a copy of your DD Form 214 (Certificate of Release or Discharge from Active Duty) with your completed application. If you do not have a copy of your DD Form 214, request a copy from the National Archives or download it from DPRIS. For DPRIS, you will need to create a DS Logon to access the site.