Navigating Military Discharge Upgrades: A Comprehensive Guide

Military service members often face the challenges of discharge upgrades, particularly when they receive an 'Other Than Honorable' (OTH) discharge. This type of discharge can have severe repercussions, such as the loss of veterans and education benefits, the inability to secure employment under federal hiring preferences, and the absence of protection against discrimination. If you find yourself in this situation, here's a comprehensive guide to help you understand and navigate the process.

Understanding the Consequences of an OTH Discharge

The consequences of an OTH discharge can be severe and long-lasting. They include:

Loss of veteran and education benefits No veteran preference in federal hiring Exposure to military-based discrimination and other violations of the Uniformed Services Employment and Reemployment Rights Act

With such significant repercussions, it's crucial to explore the possibility of an upgrade to a more favorable discharge status. However, this process can be challenging and requires careful planning and the support of experienced legal counsel.

Review Board Process and Requirements

The process for seeking a discharge upgrade involves filing a request with the appropriate Discharge Review Board. For discharges that occurred within the last 15 years, service members can file a DD Form 293. For older discharges, a Board for Correction of Military or Naval Records is required to review the case.

The success of your discharge upgrade application depends on packaging and presenting your case effectively. Key elements to include are:

Military records highlighting meritorious service and high marks on evaluations Civic involvement and personal achievements A detailed personal statement addressing the circumstances of your discharge Character letters from colleagues, friends, or other individuals who can speak to your character and abilities

It is essential to take full responsibility for the actions that led to your discharge. Failure to do so may weaken your case. An experienced military law attorney can draft a legal memorandum that strengthens your application and sets it apart from others.

Special Cases and Provisions

Several special cases and provisions allow for easier discharge upgrades. For instance, in recent years, reforms in the National Defense Authorization Act have included provisions for soldiers forced to leave the Army due to sexual assault or harassment. If medical proof can be provided, they are eligible for honorable discharges.

Another provision, outlined in the 2020 National Defense Authorization Act, created a new Discharge Appeal Review Board to provide a final chance for service members who separated on or after December 20, 2019. This board will review cases where servicemembers believe they were unjustly or erroneously discharged.

The new Discharge Appeal Review Board can only consider cases that have been fully exhausted through previous administrative appeals and can only review records from the Board of Correction of Military/Naval Records. New evidence can only be considered if the Board of Correction has already reconsidered it.

The decision made by the new appeal board is the final level of review and can be forwarded to the relevant military department for a final decision. If the former service member has died or is incapacitated, the surviving spouse, next of kin, or legal representative can apply on their behalf.

Conclusion

Military discharge upgrades are complex and require careful preparation and legal guidance. Understanding the consequences and the process can significantly improve your chances of success. By presenting a well-packaged case and leveraging the support of experienced legal counsel, you can navigate the challenges and increase your chances of obtaining a more favorable discharge status.

Resources for Further Assistance

To find more information, visit the AF Review Board Agency Portal: AF Review Board Agency Portal.