The Mayer Law Blog

Why Hiring a Military Discharge Upgrade Lawyer Matters—and What to Look For

Posted June 22nd, 2025 in General

If you received an Other Than Honorable (OTH)General (Under Honorable Conditions), or even a Bad Conduct Discharge (BCD) from the military, your life after service may be facing unnecessary barriers. From VA benefits and job opportunities to your overall reputation, a less-than-honorable discharge can have far-reaching consequences. That’s why many veterans consider pursuing a military discharge upgrade—and why hiring a qualified military discharge upgrade lawyer is often essential to success.

In this article, we’ll explain why hiring an attorney experienced in discharge upgrades can improve your odds and help you understand the key qualities to look for when choosing the right legal help.


Why You Need a Military Discharge Upgrade Lawyer

1. Navigating a Complicated Legal Process

The discharge upgrade process involves applying to either a Discharge Review Board (DRB) or a Board for Correction of Military Records (BCMR), depending on the circumstances of your discharge. The legal rules, evidence requirements, and application standards vary by military branch and can be difficult to understand without legal guidance.

2. Maximizing the Strength of Your Application

Discharge upgrade lawyers know how to present your case in the most compelling way. They help collect service records, letters of support, mental health documentation, and other crucial evidence. An attorney can help tie your discharge to factors like undiagnosed PTSD, traumatic brain injury (TBI), or military sexual trauma (MST)—all of which may increase your chance of a successful appeal.

3. Improving Your Odds of Success

The upgrade process is highly competitive, and success rates are often below 30% depending on the branch and board. Veterans with legal representation tend to be better prepared and more persuasive, which can lead to significantly better outcomes.


What to Look for in a Discharge Upgrade Lawyer

Not all attorneys have the experience or credentials to handle military discharge cases. Here’s what you should seek when hiring a discharge upgrade lawyer:

1. Experience with Military Law and Administrative Boards

Look for someone with a military background or significant experience handling cases before the DRBs or BCMRs. Prior service as a Judge Advocate General (JAG) officer is a huge plus. They will understand that a cohesive and coherent strategy are vital to getting a discharge upgraded.

2. Understanding of VA and Mental Health Issues

A good discharge upgrade attorney should be familiar with how PTSD, TBI, MST, or other mental health conditions can influence discharge decisions. They should also know how these conditions are viewed by the VA and military boards.

3. Transparent Fees and Realistic Expectations

An ethical attorney will be upfront about legal fees and never promise guaranteed results. They should offer a realistic assessment of your case and a step-by-step plan.

4. Client Reviews and Case Results

Check for testimonials from other veterans and case outcomes. A trustworthy lawyer should be able to share success stories or references upon request.

5. Familiarity with Branch-Specific Procedures

Each military branch has its own discharge review board and set of protocols. Whether you’re Army, Navy, Air Force, Marines, or Coast Guard, make sure your lawyer understands the nuances of your service branch.


Conclusion: Your Discharge Doesn’t Define You—But Legal Help Can Redefine It

Hiring a military discharge upgrade attorney is a smart step toward restoring your honor and reclaiming the benefits you’ve earned. With the right legal help, you can make a strong case for an upgrade that reflects your full service and character.

To begin your journey, visit the VA’s Discharge Upgrade Tool:
https://www.va.gov/discharge-upgrade-instructions/

Or to request your military records needed for your case:
https://www.archives.gov/veterans/military-service-records



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