Discharge Upgrade Process

This Article explains the Military Discharge Upgrade Process. Any Veteran asking "how do I upgrade my discharge" or "how to upgrade my military discharge" should read this article and contact The Law Office of Matthew Barry to schedule a free consultation.

The Military Discharge Upgrade Process is defined by the following regulations:

• 10 USC 1553 (All Services)
• DoDD 1332.28 (All Services)
• AR 15-180 (Army Discharge Review Board)
• AR 15-185 (Army Board for Correction of Military Records)
• MPM 1000-160 (Naval Discharge Review Board)
• MPM 1000-150 (Board for Correction of Naval Records)
• AFI 36-2023 (Air Force Discharge Review Board and Board for Correction of Military Records)
• 33 CFR Part 52 (Board for Correction of Military Records of the Coast Guard)
• 33 CFR Part 51 (Coast Guard Discharge Review Board)

The following discharges can be changed through the Discharge Upgrade Process: Honorable, General under Honorable Conditions, Other than Honorable (OTH), Uncharacterized, Bad Conduct Discharge, and Dishonorable Discharge.

Some Veterans mistakenly believe that the Discharge Upgrade Process is automatically conducted 6-months after he/she is separated form the Military; this is not true.

Veterans are authorized to request a Discharge Upgrade for 15 years after his/her Discharge; however, if more than 15 years has elapsed, Boards will typically still decide a Veteran's application, as long as they have a good reason for the delay. These reasons could include that the Veteran did not know that he/she could apply, medical/mental health reasons, personal hardship, or other reasons.  Attorney Barry has never seen the Board deny an application for violating the 15-year rule. In these situations, it is imperative to state what the reason for the delay is.  Additionally, if more than 15 years has passed, the Veteran has to apply to the Board for Corrections instead of the Discharge Review Board.

Before starting the Military Discharge Upgrade Process, it is imperative that the Veteran requests his/her Official Military Record. Instructions on how to do so are contained at this link. The reason this is so important is because before The Discharge Review Board/Board for Corrections considers a Veteran's application, they will collect his/her Official Military Record and will review it. Additionally, the Board presumes that everything in a Veteran's Official Military Record is correct and that all policies and procedures were followed.  The Veteran has to prove that this is not the case. Therefore, before being able to prove an injustice, it is imperative to know what the Board will presume is correct.

The Military Discharge Upgrade Process is initiated by the Veteran submitting an application to the appropriate Service/Board by using a DD Form 293. The DD Form is essentially just a cover page with required information.  To increase a Veteran's chances for a discharge upgrade, the Veteran should include the following, if applicable:

• A detailed letter from the Veteran describing what he/she is requesting and why;
• A legal letter explaining any legal error (drafted by an Attorney);
• Pre-Service Medical Records;
• In-Service Medical Records;
• Post Service Medical Records;
• VA Medical Records (contained in a Veteran's C-File)
• Additional Military Records that are not contained in the Veteran's official military record;
• Statements from individuals that served with the Veteran;
• Statements from individuals that have interacted with the Veteran since leaving the Military;
• Post Service Employment Records;
• Family Photos;
• A Criminal Background Check; and,
• Any other Statements or Evidence to demonstrate that an injustice has occurred

The completed DD Form 293 with all supporting documentation should be mailed to the correct address that is listed on the form itself. Additionally, some boards allow digital submission (Army, Air Force).  After the application is received by the appropriate board, the Veteran SHOULD receive a docket number, which serves as official notification that the Discharge Upgrade Process has begun and gives the Veteran a reference number. That said, it is not common for the Boards to not send a docket number to the Veteran in question.  If several months have elapsed and the Veteran did not receive a docket number, he/she should contact the appropriate board and ask if his/her application was received.  The following emails can be used:

• Army: army.arbainquiry@army.mil
• Navy/Marines: NDRB@navy.mil 
• Air Force: usaf.pentagon.saf-mr.mbx.drb-workflow@mail.mil 
• Coast Guard: drb@uscg.mil

The Military Discharge Upgrade Process can take anywhere from 6 months to over 2 years to complete. Typically, the Army Discharge Review Board takes a much longer time than the other Services, for unknown reasons.  Sometimes the Boards will request an advisory opinion from a certain agency, which can slow the process down. For example, if a Veteran is alleging that he/she had a pay error, the Board may request an advisory opinion from DFAS. Other examples include getting a legal advisory opinion if legal error is raised and an advisory opinion from a mental health provider if mental health issues are raised (very common).

During the Military Discharge Upgrade Process, the Board has the ability to request and review additional records not submitted with the Veteran's application. The Boards often review a Veteran's in-service/VA medical records, even if the Veteran did not provide them.  It is uncommon for the Board to seek out any other records that are not medical records, but they do have the ability to do so.

The Military Discharge Upgrade Process finishes when the Board mails their decision to the Veteran. If the application is denied, the Veteran can request reconsideration if he/she has new records. Additionally, if within 15-years, the Veteran can request an in-person appearance (now conducted via VTC) if his/her initial application was denied. If the in-person appearance also results in a denied application, or if 15-years has elapsed, the Veteran can apply to the Board for Correction of Military Records using a DD Form 149.

The military has started publishing the discharge review board decisions, available at this link. A review of the results demonstrates that the boards do grant relief; however, the percentages are not high.  It therefore is important to get the assistance of a lawyer to maximize a Veteran's chances.

Any Veteran who is considering a discharge upgrade should consult with a lawyer experienced with the process.  A discharge upgrade lawyer should review the Veteran's Military Record and other applicable documents. Then, a discharge upgrade lawyer should discuss the circumstances of the Veteran's discharge, in depth, with the Veteran.  The Veteran and his/her lawyer should then brainstorm what additional evidence can be collected and provided to the Discharge Review Board.  Once all the information and evidence is collected, the Veteran's lawyer should then draft the Veteran's personal letter to the Board and write a legal memorandum, if applicable.  Using a lawyer in this manner increases the Veteran's chances for a successful discharge upgrade.

This article was written by Attorney Matthew Barry, an experienced discharge upgrade lawyer. Review Attorney Barry's former client reviews and some of his discharge upgrade success stories.

The Law Office of Matthew Barry represents clients worldwide. He has offices on the East Coast, West Coast, and in the Central U.S.

Contact Attorney Barry today to schedule a free consultation to discuss the discharge upgrade process and your specific application.