How to Appeal a Discharge Characterization | Military Discharge Upgrade Guide

How to Appeal a Discharge Characterization | Military Discharge Upgrade Guide

Gonzalez & Waddington, Attorneys at Law represent service members across all branches in discharge upgrades, correction board petitions, separation boards, and courts-martial. If you received a General (Under Honorable) or Other Than Honorable (OTH) discharge, you may still be able to appeal and upgrade your characterization of service. This guide explains how to fight for an upgrade through the Discharge Review Board (DRB) and the Board for Correction of Military/Naval Records (BCMR/BCNR/AFBCMR).

Why a Discharge Upgrade Matters

  • Benefits restoration: GI Bill, VA disability, VA health care, and home loans often require at least an Honorable discharge.
  • Employment opportunities: Employers review DD-214s; a General/OTH limits federal and civilian jobs.
  • Retirement and pay: Discharges before 20 years may terminate pension eligibility.
  • Reenlistment eligibility: Upgrading a discharge may make reenlistment in the Reserves or Guard possible.

Where to File a Discharge Appeal

  • Discharge Review Board (DRB): Each branch has a DRB that can upgrade discharges within 15 years of separation.
  • Board for Correction of Military Records (BCMR/BCNR/AFBCMR): Can act beyond 15 years or provide broader relief (remove documents, restore rank, correct records).

How to Appeal a Discharge Characterization | Military Discharge Upgrade Guide military defense attorneys

Valid Grounds for Discharge Upgrade Appeals

  • Injustice: The discharge was harsher than warranted given the circumstances.
  • Error: Regulations, instructions, or due process rights were violated during separation.
  • Disproportionality: Punishment was excessive compared to similar cases.
  • New evidence: Post-service medical diagnoses (PTSD, TBI, MST) or documents not previously available.
  • Post-service conduct: Strong civilian employment, education, and community service can support an upgrade.

Discharge Upgrade Appeal Template

From:   [Rank, Name, Service, Retired/Former]
To:     [Discharge Review Board or BCMR/BCNR]
Subj:   Request for Discharge Upgrade

1. Introduction:
   I respectfully request my [General/OTH] discharge, dated [DD Mon YYYY],
   be upgraded to [Honorable/General] on the grounds of error and/or injustice.

2. Background & Service Record:
   Provide summary of service, deployments, billets, awards.
   Enclose performance reports and commendations.

3. Grounds for Relief:
   a. Error: Identify regulation violations, procedural defects.
   b. Injustice: Punishment harsher than warranted, unequal treatment.
   c. Mitigation: PTSD/TBI/MST diagnosis, medical evidence, or other
      extenuating circumstances.
   d. Post-service conduct: Employment, education, rehabilitation, community service.

4. Requested Relief:
   - Upgrade to [Honorable/General].
   - Correct DD-214 and related personnel records.

Very respectfully,
[Signature block]
Encls: 1) DD-214, 2) Performance records, 3) Medical evidence, 4) Post-service documents

What to Submit with Your Appeal

  • DD-214: Required for all discharge upgrade requests.
  • Service records: Performance evaluations, awards, fitness reports.
  • Medical records: Especially PTSD, TBI, MST-related diagnoses.
  • Post-service records: Employment, education, rehab certificates, community service.
  • Character statements: Letters from employers, clergy, community leaders.

Strategies for Success

  • Tell your story: Explain your full service history, the circumstances of separation, and how you’ve changed since.
  • Leverage medical evidence: Use VA or civilian diagnoses of PTSD, TBI, or MST to show mitigating factors.
  • Show rehabilitation: Post-service success—work, family, education—demonstrates growth and responsibility.
  • Compare outcomes: Point out how others in similar cases received lighter discharges.

Video: How to Appeal a Discharge Characterization


We Win Discharge Upgrade Appeals

A bad paper discharge doesn’t have to define your life. We’ve helped veterans upgrade to Honorable discharges and restore their benefits through DRBs and BCMRs.

Gonzalez & Waddingtonucmjdefense.com — 1-800-921-8607

FAQs: Discharge Upgrade Appeals

Can I appeal my discharge characterization?

Yes. File with the DRB (within 15 years) or the BCMR/BCNR for older cases or broader relief.

What evidence helps most?

Service records, medical diagnoses (PTSD/TBI/MST), and post-service rehabilitation evidence.

How long does it take?

Discharge upgrade cases can take 6–18 months depending on the board’s backlog.

Can I get VA benefits restored?

Yes. An upgrade to Honorable usually restores eligibility for GI Bill, VA loans, and disability benefits.

Do I need a lawyer?

Not required, but lawyer-prepared appeals with structured evidence have higher success rates.

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How to Appeal a Discharge Characterization | Military Discharge Upgrade Guide

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