Dishonorable vs Bad Conduct vs Other Than Honorable Discharges – Can They Be Upgraded? (2026 Guide)
The short answer is yes, many Dishonorable, Bad Conduct, and Other Than Honorable discharges can be upgraded, but each discharge type requires a very different legal strategy, level of proof, and choice of board. Veterans lose most discharge upgrade cases not because upgrades are impossible, but because they apply to the wrong board, use the wrong arguments, or fail to frame their case in legal terms that correction boards actually recognize. This is exactly where Gonzalez & Waddington comes in, because our firm tailors discharge upgrade strategy based on the specific discharge type, the underlying misconduct, and the correction authority that has the power to grant relief.
Answer First: Which Discharges Are Hardest to Upgrade?
In order of difficulty, Dishonorable Discharges are the hardest to address, followed by Bad Conduct Discharges, with Other Than Honorable discharges being the most commonly upgraded when handled correctly. The reason is not stigma alone, but jurisdiction, legal standards, and how the discharge was imposed. Gonzalez & Waddington evaluates this hierarchy at the outset so veterans do not waste time pursuing the wrong strategy.
Side-by-Side Comparison: Discharge Types and Upgrade Reality
| Discharge Type | Upgrade Eligibility | Difficulty Level | Strategy Required |
|---|---|---|---|
| Dishonorable Discharge | Limited, case-specific | Very High | Advanced BCMR strategy focused on error, injustice, and post-conviction mitigation |
| Bad Conduct Discharge | Possible in some cases | High | BCMR petition emphasizing inequity, rehabilitation, and legal or procedural defects |
| Other Than Honorable (OTH) | Frequently eligible | Moderate | DRB or BCMR strategy focused on disproportionality, mitigation, and service record |
Other Than Honorable Discharges: The Most Common Upgrade Opportunity
Other Than Honorable discharges are the most frequently upgraded because they are often imposed administratively without the procedural safeguards of a court-martial and because they frequently involve misconduct tied to untreated mental health conditions, poor leadership decisions, or inequitable punishment. Many OTH discharges result from patterns of minor misconduct, drug use, or absenteeism rather than serious criminal behavior. Gonzalez & Waddington focuses on demonstrating that the characterization was disproportionate when compared to the veteran’s overall service, medical history, and the actual severity of the alleged misconduct.
- OTH discharges are commonly reviewed by Discharge Review Boards within eligibility windows.
- Medical and mental health mitigation often plays a decisive role.
- Post-service rehabilitation is especially influential when properly documented.
- BCMR is often the correct forum when DRB relief is unavailable or denied.
Our firm builds OTH upgrade cases by aligning service records, medical documentation, and post-service conduct into a clear narrative that correction boards can act on.
Bad Conduct Discharges: Court-Martial History Changes the Strategy
Bad Conduct Discharges are more complex because they are imposed by court-martial, which means the underlying conviction cannot simply be re-litigated. However, this does not mean relief is impossible. The correct approach focuses on inequity, post-conviction rehabilitation, disproportionate punishment, and circumstances that were not fully considered at the time of sentencing. Gonzalez & Waddington approaches Bad Conduct Discharge cases as post-conviction military defense matters, not administrative paperwork.
- BCMR is usually the proper forum for Bad Conduct Discharge cases.
- Legal error is not required, but injustice must be demonstrated.
- Rehabilitation and post-service conduct are central to success.
- Mental health evidence can be critical if properly connected to the misconduct.
Our firm has handled complex post-court-martial upgrade strategies and understands how to frame these cases so boards focus on fairness and equity rather than punishment alone.
Dishonorable Discharges: The Narrowest but Not Impossible Path
Dishonorable Discharges represent the most severe outcome in the military justice system and require the most careful, disciplined approach. These cases are not about rearguing guilt, but about demonstrating extraordinary injustice, procedural defects, or overwhelming post-service rehabilitation that makes continued stigma unfair. Gonzalez & Waddington handles these cases selectively and honestly, because success depends on whether a legally viable path exists.
- Relief typically requires BCMR review.
- The standard is extremely high and evidence-intensive.
- Strong mitigation, rehabilitation, and record correction arguments are essential.
- Frivolous or emotional filings almost always fail.
When we accept a Dishonorable Discharge case, it is because we have identified a credible theory that a correction board can legally act upon.
Why Most Veterans Apply Using the Wrong Strategy
Veterans are often told that “discharges never get upgraded” or that “only OTH discharges qualify,” which is simply not true. The real problem is that most applications fail because they do not match the strategy to the discharge type. Gonzalez & Waddington begins every case by answering one question: what is the board legally allowed to fix in this specific situation, and how do we prove that correction is justified?
How Gonzalez & Waddington Tailors Strategy by Discharge Type
Our approach changes based on the discharge category, because boards evaluate each one differently.
- For OTH discharges, we focus on disproportionality, mitigation, and service-wide equity.
- For Bad Conduct Discharges, we emphasize post-conviction rehabilitation and injustice.
- For Dishonorable Discharges, we pursue narrowly defined correction theories supported by extraordinary evidence.
This tailored strategy is why veterans seek out Gonzalez & Waddington rather than filing generic applications that boards deny routinely.
Official Military Law Resources
- VA Discharge Upgrade Instructions
- Department of Defense Issuances and Directives
- Army Publishing Directorate
FAQ: Discharge Types and Upgrades
Can an Other Than Honorable discharge be upgraded to Honorable?
Yes, many OTH discharges are upgraded when evidence shows inequity or strong mitigation, especially when mental health or service record issues are properly presented, which is what Gonzalez & Waddington specializes in.
Is a Bad Conduct Discharge upgrade possible after court-martial?
Yes, but only through a carefully framed BCMR petition that focuses on injustice and rehabilitation rather than guilt or innocence.
Are Dishonorable Discharges ever upgraded?
In limited cases, yes, but only when there is a legally viable basis and exceptional post-service evidence.
Which discharge type has the best chance of success?
OTH discharges generally have the highest success rate when handled strategically.
Do benefits automatically return after an upgrade?
An upgrade often improves eligibility, but VA determinations may still apply.
Should I apply on my own or hire a lawyer?
Most denials occur in self-filed cases because strategy and framing matter more than sincerity, which is why veterans hire Gonzalez & Waddington.
Take the Next Step
If your discharge type is blocking your benefits, career, or reputation, the most important decision is choosing the right strategy from the beginning. Gonzalez & Waddington evaluates discharge type, board authority, and evidence to build cases that boards can actually grant.
➤ Request a confidential discharge upgrade review with Gonzalez & Waddington
Dishonorable, Bad Conduct, and OTH Discharges – FAQ Schema
Can a Dishonorable Discharge be upgraded?
In limited cases, a Dishonorable Discharge may be addressed through the BCMR when extraordinary injustice or qualifying errors are proven.
Are Bad Conduct Discharges eligible for upgrades?
Yes, some Bad Conduct Discharges can be addressed through the BCMR using post-conviction and equitable arguments.
Which discharge is easiest to upgrade?
Other Than Honorable discharges are generally the most frequently upgraded when handled correctly.
