Administrative Law

Can an Other Than Honorable Discharge Be Upgraded?

Learn about upgrading an Other Than Honorable discharge from a military service record

Understanding Other Than Honorable Discharge

An Other Than Honorable discharge is a type of administrative discharge from the military that can have significant consequences for a veteran's benefits and future opportunities. It is typically given to service members who have committed minor offenses or have failed to meet performance standards.

This type of discharge can make it difficult for veterans to access benefits such as education assistance, healthcare, and home loans. However, it is possible to upgrade an Other Than Honorable discharge to a more favorable type of discharge, such as an Honorable discharge.

Reasons for Upgrading a Discharge

There are several reasons why a veteran may want to upgrade their discharge, including to access benefits, improve their reputation, and increase their chances of getting hired. An Honorable discharge can also provide a sense of pride and closure for veterans who feel that their service was unfairly marred by a less-than-honorable discharge.

To upgrade a discharge, veterans must submit an application to the relevant discharge review board, along with supporting documentation and evidence. This can include witness statements, medical records, and character references.

The Discharge Review Board Process

The discharge review board is responsible for reviewing applications for discharge upgrades. The board will consider a range of factors, including the veteran's service record, the circumstances surrounding their discharge, and any new evidence that may have come to light.

The board may also consider testimony from witnesses, as well as medical or psychological evaluations. The review process can take several months to a year or more to complete, and there are no guarantees of a successful outcome.

Eligibility for Discharge Upgrade

To be eligible for a discharge upgrade, veterans must meet certain criteria, including having received an Other Than Honorable discharge, and having completed their service obligation. They must also have been discharged within a certain time period, typically within the past 15 years.

Additionally, veterans must demonstrate that their discharge was unfair or unjust, or that new evidence has come to light that warrants a review of their case. This can include evidence of post-traumatic stress disorder, traumatic brain injury, or other service-related conditions.

Seeking Professional Help

The discharge upgrade process can be complex and time-consuming, and it is often helpful to seek the advice of a professional attorney or veterans advocate. These experts can help guide veterans through the application process and ensure that their case is presented in the strongest possible light.

They can also help veterans navigate the often-complex bureaucracy of the military and the Department of Veterans Affairs, and provide support and guidance throughout the review process. With the right help, veterans can increase their chances of a successful discharge upgrade and access the benefits they deserve.

Frequently Asked Questions

What is the difference between an Other Than Honorable discharge and an Honorable discharge?

An Honorable discharge is the highest type of administrative discharge, while an Other Than Honorable discharge is a less favorable type of discharge that can have significant consequences for a veteran's benefits.

Can I upgrade my discharge if I was discharged for misconduct?

It may be possible to upgrade a discharge for misconduct, but it will depend on the specific circumstances of the case and the evidence presented to the discharge review board.

How long does the discharge upgrade process take?

The discharge upgrade process can take several months to a year or more to complete, depending on the complexity of the case and the workload of the discharge review board.

Do I need a lawyer to upgrade my discharge?

While it is not necessary to have a lawyer to upgrade a discharge, it can be helpful to seek the advice of a professional attorney or veterans advocate to guide you through the process.

What kind of evidence do I need to submit to upgrade my discharge?

The type of evidence needed to upgrade a discharge will depend on the specific circumstances of the case, but may include witness statements, medical records, and character references.

Can I appeal a decision by the discharge review board?

Yes, it is possible to appeal a decision by the discharge review board, but the appeal process can be complex and time-consuming, and there are no guarantees of a successful outcome.