Military Discharge Upgrade Attorneys

Grounds for Challenging a Military Discharge

If you’ve researched how to appeal or upgrade a military discharge or the grounds for a military discharge upgrade, you’ve probably seen a short list of reasons you might be able to challenge your discharge status. Those common causes for challenge are discussed in more detail below. First, though, it’s important to know that most discharges can be reviewed or corrected, but some, like dishonorable discharges resulting from a general court-martial, must be reviewed through a different process and may be subject to stricter standards.

Do not assume that a discharge upgrade is out of reach simply because you don’t see your reason on that list. The best way to find out whether you have a viable challenge is to consult a military discharge upgrade lawyer.

Errors in the Discharge Process

Occasionally, the wrong type of discharge is recorded purely through administrative error. Many types of errors in military records can be corrected through a separate, simplified process. However, any request to upgrade discharge status must follow the procedures established for that specific type of change, even if you believe the status assigned is the result of something as simple as a typographical error.

Common Issues in Discharge Upgrade Cases

Over time, the military has shifted its position on the way certain circumstances should be handled on discharge. In some cases, those changes are based on shifting societal norms, or even changes in the law. In other cases, the shift in policy is due to emerging medical or scientific information that has shed new light on the circumstances surrounding a certain type of discharge. 

Common examples include: 

Discriminatory Discharges

During the “don’t ask, don’t tell” era, a service member who disclosed their sexual orientation would typically receive a discharge under conditions other than honorable. An estimated 14,000 service members received other than honorable discharges based on sexual orientation during the 17 years “don’t ask, don’t tell” was in place.

The policy was repealed in 2011, but it took another 10 years for the VA to announce it would open up full benefits to all veterans who had been disqualified by their discharge status due to sexual orientation. In 2024, hundreds of service members received discharge upgrades, and in early 2025 the Department of Defense reached an agreement in a class action lawsuit that could offer relief to tens of thousands of others.

Mental Health Conditions Such as PTSD

Some servicemembers have been discharged under other than honorable conditions due to actions that they later discover were triggered by service-connected PTSD or another mental health disorder. With proper medical documentation, these veterans may qualify for a discharge upgrade. 

However, despite strong guidance to liberally consider evidence of PTSD and its role in the circumstances leading to discharge, many upgrade requests are denied. Working with an experienced attorney to appeal your military discharge status can help ensure that you are providing the type of evidence required for success. 

Traumatic Brain Injury (TBI) 

Like PTSD and other mental health conditions, a traumatic brain injury can impact cognition and behavior. The considerations for a discharge upgrade based on TBI are similar to those for PTSD. 

Sexual Assault 

Under the same guidance as the two conditions above, all branches of the military are now to give “liberal consideration” to the circumstances surrounding the discharge of a victim of sexual assault whose actions may have been affected by that trauma.

Again, this is not a complete list of reasons your military discharge could be reconsidered and upgraded. 

Military Discharge Upgrade Process

Step 1: Consult an experienced military discharge upgrade attorney. 

Consulting an attorney before you take any action will help you determine whether you have a valid claim and the best way to approach the process. 

Step 2: Gathering Evidence and Building a Strong Case

There’s more to pursuing a discharge upgrade than just filling out the appropriate form. When you work with an experienced attorney for a military discharge upgrade, your attorney will guide you in gathering the right evidence, both medical and character-related, and putting together the strongest, best-documented case possible. 

Step 3: Filing the Request with DRB or BCMR

Whether your request is filed with the Discharge Review Board (DRB) or Board for Correction of Military Records (BCMR) usually depends on how long ago you were separated from the military. Most veterans who have been separated for less than 15 years will file with DRB. However, there are some exceptions. 

At the Edmunds Law Firm, we have extensive experience with and knowledge of each process. 

Step 4: Preparing for and Attending a Hearing

Not every discharge review involves a hearing. If you do choose a personal appearance hearing or have to use that process because you have already attempted the document review process, The Edmunds Law Firm will thoroughly prepare you for the hearing and appear with you. 

Step 5: Receiving a Decision and Next Steps

Your next steps after a discharge upgrade decision will depend on both the decision you receive and the reason you requested the upgrade. For example, if you requested a review because you were denied VA disability benefits due to your discharge status, your attorney will advise you on the next steps to continue pursuing those benefits. 

On the other hand, if your request was denied, you can discuss any options you may have for continuing to pursue a discharge upgrade. 

Types of Military Discharge

Everyone who has served in the military and left military service alive has been discharged from service. However, there are several different types of military discharge. The type of discharge you receive can continue to impact your life for many years after separation from service–perhaps even for the rest of your life. 

If you believe your discharge status was unfair or erroneous, you should speak with an experienced military discharge upgrade attorney. You may be able to apply for a discharge upgrade or correction. The Edmunds Law Firm may be able to help even if you have already sought an upgrade or correction and been unsuccessful. 

Administrative Discharges

There are three types of administrative discharge: 

• Honorable
• General Discharge (Under Honorable Conditions)
• Under Other than Honorable Conditions (UOTHC)

Most people leaving the military receive an honorable discharge. That status makes them eligible for a wide range of benefits if they otherwise qualify. Some examples include the GI Bill, the opportunity to re-enlist in the military, veterans’ hiring preference for federal jobs, and VA healthcare and/or disability benefits if otherwise eligible.

A general discharge under honorable conditions signals that there was some sort of problem with the veteran’s performance or conduct during service. A veteran who received a general discharge still qualifies for some benefits, but will not be eligible for the GI Bill and won’t be permitted to re-enlist. 

When a service member is discharged under other than honorable conditions, it typically means they have been sanctioned for a violation of the Uniform Code of Military Justice (UCMJ). A veteran with an other than honorable discharge (also called “less than honorable discharge”) typically won’t qualify for benefits. If you have received this discharge, contact our military discharge upgrade lawyers today. Our legal team can review the details of your case for free and then decide whether or not you have the right to petition for a change in your discharge status. Contact our discharge status attorneys today for a no-obligation investigation and get the answers you deserve. We will provide a discharge upgrade lawyer with the needed experience and expertise.

Punitive Discharges

While an other than honorable discharge can have negative consequences, it isn’t the worst possible discharge status. 

There are two punitive discharge types: 

• Bad conduct discharge 
• Dishonorable discharge

These discharge types usually come into play only after a service member has faced court martial. 

Other Non-Punitive Separations

In some situations, a service member may be separated from the service without any of the above statuses, and without a punitive discharge status. These include medical discharge and entry-level separation.

Talk to a Military Discharge Upgrade Lawyer Today

If you’re interested in upgrading your military discharge status, the best starting point is an attorney experienced with military discharge upgrade proceedings. The Edmunds Law Firm has the knowledge and experience you need, and the commitment to helping veterans receive the status and the benefits they deserve. 

Speak with a military discharge upgrade lawyer at The Edmunds Law Firm. Call 800-481-2526 today or fill out our contact form to schedule your free consultation.