Can I Get a Discharge Upgrade After a Military Sexual Assault Case?
Many service members assume that once they are separated from the military after a sexual assault allegation or Article 120 case, their options are exhausted. That is not true. In many situations, discharge characterizations can be challenged and upgraded, even years later. This page explains when discharge upgrades are possible after a military sexual assault case, how the process works, and how Gonzalez & Waddington helps former service members fight to restore their records, benefits, and future opportunities.
Short Answer
Yes. In many cases, a discharge resulting from a sexual assault allegation or related administrative action can be upgraded through military review boards. Success depends on how the case was handled, whether due process was violated, whether the evidence was weak or flawed, and whether the discharge was unjust or inequitable. Discharge upgrades are not automatic, but with the right legal strategy, many former service members obtain meaningful relief.
How Discharge Upgrades Work After Article 120 Cases
Two Primary Review Boards
Discharge upgrades are handled by either the Discharge Review Board or the Board for Correction of Military Records, depending on how long it has been since separation and the type of relief requested. These boards have authority to change the characterization of service, narrative reason for separation, and reenlistment codes.
Upgrades Are Based on Injustice or Error
To obtain an upgrade, the former service member must show that the discharge was improper or inequitable. In sexual assault-related cases, this often involves demonstrating that the underlying allegations were weak, the investigation was flawed, the separation relied on unproven accusations, or the punishment was disproportionate.
Criminal Conviction Is Not Required for Separation
Many service members are separated administratively after allegations that never resulted in conviction. Review boards recognize that administrative separations based on unproven allegations can be unjust, particularly when the service member had an otherwise strong record.
Time Does Not Automatically Bar Relief
Although deadlines exist, many boards consider equitable factors such as post-service conduct, rehabilitation, and changes in law or policy. Even older cases can be revisited when fairness demands it.
Common Grounds for Discharge Upgrades in Sexual Assault Cases
Weak or Unreliable Allegations
When separation was based on allegations that lacked credibility, involved inconsistent statements, or were later contradicted by evidence, boards may find the discharge unjust. This is especially true when a service member was acquitted or charges were never filed.
Procedural and Due Process Errors
Failures to provide proper notice, denial of counsel, improper command influence, or misuse of investigative findings can all support an upgrade. Boards take procedural fairness seriously when reviewing separation actions.
Disproportionate Punishment
In many cases, the characterization of service does not match the alleged misconduct or the service member’s overall record. An other than honorable discharge based on unproven allegations is often vulnerable to challenge.
Post-Service Rehabilitation
Evidence of stable employment, education, community service, and law-abiding conduct after separation can significantly strengthen an upgrade application. Boards often consider whether the former service member has demonstrated rehabilitation and good character.
Aggressive Military Defense Lawyers: Gonzalez & Waddington
Watch the military defense lawyers at Gonzalez & Waddington break down how they defend service members worldwide against UCMJ allegations, CID/NCIS/OSI investigations, court-martials, Article 120 cases, administrative separations, and GOMORs. If you’re under investigation or facing charges, this video explains what your rights are and how experienced civilian military counsel can make the difference.
How Gonzalez & Waddington Handles Discharge Upgrade Cases
We Reconstruct the Original Case
Our firm reviews the entire record, including investigations, separation packets, administrative board transcripts, and command decisions. We identify weaknesses, inconsistencies, and unfair assumptions that led to separation.
We Build a Persuasive Legal Narrative
Discharge upgrades are not won by emotion alone. We present a clear legal argument showing why the discharge was unjust, supported by evidence, affidavits, and legal authority.
We Integrate Post-Service Evidence
We help clients gather and present post-service achievements, character references, and rehabilitation evidence that demonstrate why continued punishment is unnecessary and unfair.
We Target the Right Relief
Depending on the case, relief may include upgrading the characterization of service, changing the narrative reason, correcting reenlistment codes, or removing stigmatizing language. Our strategy focuses on the outcome that most improves the client’s future.
Possible Outcomes of a Successful Upgrade
| Relief Granted | Practical Impact |
|---|---|
| Upgrade to honorable or general | Restores eligibility for benefits and improves employment prospects |
| Change in narrative reason | Removes stigma associated with sexual misconduct allegations |
| Correction of reenlistment code | May allow future military or federal service |
| Partial relief | Still improves record and reduces long-term harm |
Frequently Asked Questions About Discharge Upgrades After Sexual Assault Cases
Can I Get an Upgrade If I Was Never Convicted?
Yes. Many successful upgrades involve cases where no criminal conviction occurred but separation was based on allegations alone.
How Long Do I Have to Apply?
Deadlines vary by board, but exceptions are often granted for good cause. It is best to seek legal advice as soon as possible.
Do I Need a Lawyer for a Discharge Upgrade?
While not required, experienced counsel significantly improves the chances of success by framing the case correctly.
How Long Does the Upgrade Process Take?
Most cases take several months to over a year depending on the board and complexity.
Can an Upgrade Remove All Consequences?
Not always, but it can dramatically improve benefits, employment prospects, and quality of life.
The Bottom Line: A Discharge Is Not Always Final
Being separated from the military after a sexual assault allegation does not mean your record and future are permanently fixed. Discharge upgrades exist to correct injustice and unfair punishment. Gonzalez & Waddington has extensive experience handling discharge upgrades tied to Article 120 cases and understands how to present these cases effectively. If your discharge was based on weak allegations or an unfair process, you may have a path forward.
