How to Request a Discharge Upgrade | Step-by-Step Military Defense Guide
Gonzalez & Waddington, Attorneys at Law represent service members worldwide in discharge upgrade petitions, BCMR/DRB filings, and military appeals. If you received a General (Under Honorable Conditions), Other Than Honorable (OTH), or Bad Conduct Discharge, you may be able to request a discharge upgrade. A successful upgrade can restore VA benefits, GI Bill eligibility, and civilian career opportunities.
This guide explains how to request a discharge upgrade step-by-step, which boards review petitions, and the evidence you need to succeed.
Why a Discharge Upgrade Matters
- VA benefits: Many benefits (healthcare, disability compensation, education) require an Honorable discharge.
- GI Bill: Post-9/11 GI Bill eligibility is limited without an Honorable discharge.
- Employment: Civilian employers and licensing boards often ask about discharge type.
- Reputation: An OTH or Bad Conduct Discharge can stigmatize you for life.
Which Board Reviews Discharge Upgrades?
- Discharge Review Board (DRB): Handles most upgrades if you apply within 15 years of separation.
- Board for Correction of Military Records (BCMR/BCNR/AFBCMR/CG BCMR): For cases older than 15 years or involving complex issues.
- Army Review Boards Agency (ARBA): Oversees Army petitions.
- Navy & Marine Corps Board for Correction of Naval Records (BCNR): Handles petitions from Sailors and Marines.
Step-by-Step Process for Requesting a Discharge Upgrade
1. Determine Eligibility
Check your separation date. If it’s within 15 years, file with a DRB. If older, file with the BCMR.
2. Complete the Proper Form
- DD Form 293: For DRB petitions (within 15 years).
- DD Form 149: For BCMR petitions (any discharge, usually older than 15 years).
3. Gather Supporting Evidence
- Service records: OERs/NCOERs, FITREPs, or EPRs showing strong performance.
- Character statements: From commanders, peers, or community leaders.
- Medical/psychological records: Especially for PTSD, TBI, or other conditions linked to misconduct.
- Post-service conduct: Education, employment, volunteer work, and rehabilitation efforts.
4. Submit Your Petition
Send your package to the appropriate board. Include a concise, fact-driven cover letter explaining why your discharge is inequitable or improper.
5. Wait for Review
Reviews can take 6–18 months. Some boards hold hearings; others decide based on written submissions.
Strategies for Winning a Discharge Upgrade
1. Emphasize Injustice or Error
Show that your discharge was procedurally flawed, unsupported by evidence, or disproportionately harsh.
2. Link Misconduct to Medical Issues
Highlight diagnoses like PTSD or TBI that were not fully considered during your separation.
3. Show Rehabilitation
Provide proof of good conduct after separation — education, employment, community service, or treatment programs.
4. Present a Professional Package
Boards respond to organized, evidence-based, and respectful petitions. Avoid emotional rants.
Common Mistakes in Discharge Upgrade Requests
- 🔥 Missing the 15-year DRB deadline and failing to file with the BCMR.
- 🔥 Submitting petitions without supporting documentation.
- 🔥 Asking for upgrades without showing injustice, inequity, or rehabilitation.
- 🔥 Filing vague or emotional appeals instead of fact-driven petitions.
- 🔥 Trying to go it alone without legal counsel.
Video: How to Request a Discharge Upgrade
Why Hire Gonzalez & Waddington for Discharge Upgrade Petitions?
Our firm has represented service members in discharge upgrade cases, BCMR petitions, DRB hearings, and appeals. We know how to build compelling petitions that focus on evidence, rehabilitation, and injustice.
- ✅ Experience with PTSD/TBI-linked misconduct upgrade cases
- ✅ Represented veterans from all branches seeking VA eligibility restoration
- ✅ Published authorities on military law and appeals
Contact Gonzalez & Waddington at ucmjdefense.com or call 1-800-921-8607 to start your discharge upgrade petition.
Frequently Asked Questions: Discharge Upgrades
Can I upgrade my discharge?
Yes. DRBs and BCMRs review petitions for discharge upgrades, especially when injustice or inequity is proven.
How long do I have to file?
You must apply within 15 years of discharge to a DRB. After 15 years, apply to the BCMR.
What discharges can be upgraded?
General, Other Than Honorable (OTH), and Bad Conduct Discharges may be upgraded. Honorable discharges cannot be upgraded further.
What evidence helps the most?
Performance records, medical/psychological evidence (PTSD/TBI), strong character references, and proof of rehabilitation.
Do I need a lawyer to request an upgrade?
Yes. While not required, success rates are much higher with experienced civilian military defense lawyers.
