Military Discharge Upgrade Attorney in Washington, D.C.
An other than honorable discharge from the U.S. military can have a long-term impact on your life. A veteran with a negative discharge status may be disqualified from receiving veterans’ benefits, be ineligible for federal jobs and work on government contracts, and even lose out on civilian job prospects. The impact can be even more serious in Washington, D.C., where the federal government is the largest employer in the area.
Since military discharge status carries significant weight, it would be reassuring to believe that a negative discharge status is assigned with great care. Most people separating from the military are granted honorable discharges, but that isn’t always the case and the military doesn’t always get it right. Sometimes, an other than honorable discharge is issued unjustly because those involved in the decision got the facts wrong or reacted too harshly to the situation. In other cases, it has been because the military had a policy that was later revoked, such as dishonorably discharging a member of the armed services based on sexual preference.
If you received an other than honorable discharge or have another discharge status that is creating obstacles for you, you should speak with our experienced Washington D.C. military discharge upgrade attorneys as soon as possible.
Attorney Alan Edmunds Has Decades of Experience with Military Discharge Upgrades
The military discharge upgrade process can be challenging, and most attorneys have little or no experience with the process. Attorney Alan Edmunds has focused his legal practice on national security clearance and military law for nearly 50 years. If you’re interested in pursuing a military discharge upgrade, he has the knowledge and experience to fight for you.
The Edmunds Law Firm has had success with military discharge upgrades even when the discharge might appear on the surface to be warranted. This includes cases involving unauthorized absence, substance abuse, and even court martial.
Though we represent clients all over the country, our office is just outside of Washington, D.C., at 4250 North Fairfax Drive, Suite 600 in Arlington, Virginia. You can schedule a free consultation to learn more about whether you may be eligible for a military discharge upgrade right now by calling 800.481.2526 or filling out our contact form.
How Discharge Status Affects Veterans in the D.C. Area
If you served in the military, you know that the possible discharge types are much more complex than just honorable or not. There are three types of administrative discharge, two types of punitive discharge, and certain other non-punitive discharges.
Punitive Discharges
Punitive discharges are the worst type, assigned under more serious circumstances, and have the most negative impact after discharge. Punitive discharges typically occur only after a court martial. The two types of punitive discharge are a bad conduct discharge and a dishonorable discharge.
Administrative Discharges
The three options for administrative discharge are:
- Honorable discharge
- General discharge under honorable conditions
- Under other than honorable conditions
It’s important to note that anything other than an honorable discharge may result in limitation of benefits and have other consequences. For example, though a general discharge under honorable conditions sounds respectable and qualifies a veteran for most benefit types, it also signals that the soldier fell short in some way during military service. A veteran with this discharge status is not eligible for education assistance under the GI Bill.
A member of the military may sometimes be discharged without any of the statuses listed here. For example, separation from the military during the first 180 days of service is typically uncharacterized. Similarly, a medical discharge or separation for the convenience of the government is uncharacterized.
Obtaining a Military Discharge Upgrade
Upgrading your military discharge status can be an uphill battle, and it is a fight best undertaken with the assistance of an experienced discharge upgrade attorney. While the process is intricate, this overview will give you an idea of what to expect as you move through the process.
Choosing the Right Military Discharge Upgrade Lawyer in Washington DC
It’s easy to make mistakes that can set your cause back, or even result in a denial of your discharge upgrade. So, you’ll want to consult an experienced discharge upgrade attorney at the outset, before you take any action. Your attorney can advise you on whether you are likely to qualify for a discharge upgrade, what type of evidence will be most effective in your case, and how to navigate the process.
At the Edmunds Law Firm, our track record of success speaks for itself. You can also rest assured that we won’t try to sell you services you don’t need–we’ll be 100% transparent with you about your prospects of securing a discharge upgrade so you can make the best decision for you.
Military Discharge Upgrade Victories
Preparing Your Case for Discharge Upgrade
In technical terms, the process for a military discharge upgrade begins by filing a request. But that should only happen after your foundations are in place. That means working with an experienced military discharge upgrade attorney to understand the reasons for your discharge status and gather evidence to support your request.
This may include evidence that the wrong conclusion was reached at the time, that information discovered later (such as a medical diagnosis) explains the actions that led to the discharge status, and even evidence of rehabilitation.
Your Request for Discharge Review
There are two different paths to pursuing a discharge upgrade. Which one is right for you generally depends on how long it has been since you were discharged from the military. Those who have been separated from the military for less than 15 years typically file with the Discharge Review Board (DRB). Those who were discharged longer ago are usually routed through the Board for Correction of Military Records (BCMR).
There are some exceptions, though. The best way to find out how to properly submit your request for review of your discharge status is to speak to an experienced military discharge lawyer in Washington, D.C., before you begin the process. Your lawyer can also ensure that you are providing information and documentation in the most effective way, to give you the best chance at a discharge upgrade.
Attending a Discharge Review Hearing (Maybe)
Depending on the specifics of your case, you may have to attend a hearing, or you may have the option of scheduling a hearing or not. Your discharge upgrade attorney can explain when a hearing is required and when it would be in your best interest to request a hearing.
When you retain The Edmunds Law Firm to pursue a military discharge upgrade, we will ensure that you are thoroughly prepared for your hearing and will attend the hearing with you.
What if My Discharge Upgrade is Denied?
If your discharge upgrade request is denied, you may still have options. You may be able to appeal the decision, or even request review from a federal court. Or, if you were pursuing a discharge upgrade for a specific reason, there may be alternative options. For example, if you are seeking VA disability benefits, there may be a way to work directly through the VA to pursue those benefits without upgrading your discharge status.
There is no substitute for the advice and guidance from an experienced military discharge upgrade attorney like Alan Edmunds. We are providing general answers to some of the questions we hear most often to help you understand the process at the highest level. To learn more about how this general information applies (or does not apply) in your specific case, you should schedule a consultation with one of our discharge upgrade lawyers. Call 800.481.2526 or fill out our contact form to get started.