Discharge Upgrade Lawyer
There are three types of administrative discharges from the military: Honorable (HON), General Under Honorable Conditions (GEN), and Other than Honorable (OTH). A former servicemember with a GEN or OTH is not eligible for all VA benefits for that period of service. For example, if a Veteran has a GEN Discharge, they will lose all education benefits for that period of service, including the Post 9/11 GI Bill. If a Veteran has an OTH Discharge, it is a complex internal VA analysis; however, all benefits are in jeopardy for that period of service.
There are also two types of punitive discharges from the military: Bad Conduct (BCD) and Dishonorable (DD). A former servicemember with a BCD or DD is generally not eligible for benefits for that period of service.
Veterans can apply for a discharge upgrade to regain lost benefits. If a Veteran has already applied for benefits and been denied, they can also appeal that decision. Click here for more information on veterans claims and appeals.
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Why Representation Matters
Former Servicemembers are able to petition for a discharge upgrade. It can be challenging to figure out how to do this. The VA has a helpful tool for Veterans that assists them. It can be found at va.gov. While this tool is helpful, Veterans should still consider hiring a discharge upgrade lawyer to help them with their petition.
Written advocacy is a skill. A Veteran's discharge upgrade request must be written well, appropriately address the separation reasons, and give the upgrade authority a picture of the Veteran as a whole. Outside evidence and letters of recommendation can be powerful.
Furthermore, there are often legal errors in a Veteran's military record that he/she is unaware of. Hiring a discharge upgrade lawyer to review a Veteran's military record can help identify and explain any legal errors, increasing the chances of a successful discharge upgrade.
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 perecentages are not high. It therefore is important to get the assistance of a lawyer to maximize a Veteran's chances.
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If you hire Attorney Barry you will immediately have an experienced, intelligent, and hard-working advocate to help you with your discharge upgrade request.
The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. The information on this website is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship.