Why It Is More Difficult to Get a Military Discharge Upgraded After 15 Years
Navigating the process of upgrading a military discharge can be challenging at any time, but for veterans seeking an upgrade more than 15 years after their discharge, the hurdles increase significantly. Understanding why this happens and what steps you can take to improve your chances is crucial.
The 15-Year Rule: Key Regulations
The primary reason it becomes more difficult to upgrade a discharge after 15 years lies in the Department of Defense (DoD) regulations. Veterans generally have two main pathways to request a discharge upgrade:
- Discharge Review Boards (DRBs): These boards review applications for discharge upgrades but only accept cases filed within 15 years of discharge.
- Boards for Correction of Military Records (BCMRs): Once the 15-year window closes, veterans must turn to BCMRs. These boards have stricter standards and require more substantial evidence to overturn prior decisions.
Learn more about the difference between DRBs and BCMRs from the Defense Department’s official guidance.
Why Are BCMRs More Stringent?
The BCMR process is more demanding because it focuses on correcting errors or injustices in the military record rather than reconsidering discharge circumstances. Applicants need to demonstrate that the original discharge was erroneous, unjust, or inconsistent with current policies.
Examples of supporting evidence include:
- New medical diagnoses that shed light on past behaviors, such as PTSD or traumatic brain injury (TBI)
- Witness statements that corroborate claims of injustice
- Documentation of post-service conduct and rehabilitation efforts
Challenges of Delayed Applications
- Loss of Evidence: Over time, critical documents and records may be lost or destroyed, making it harder to build a compelling case.
- Diminished Witness Availability: Witnesses who could support your claims may be unavailable due to time, relocation, or passing away.
- Evolving Standards: Military and societal standards for behavior and justice evolve, but older cases may not be re-evaluated with contemporary perspectives without significant new evidence.
Steps to Strengthen Your Case
If you’re applying for an upgrade after the 15-year window, meticulous preparation is key:
- Gather Comprehensive Evidence: Collect all service records, medical records, and any relevant documents that support your case.
- Obtain Legal Assistance: Organizations like Veterans Legal Services and National Veterans Legal Services Program (NVLSP) specialize in helping veterans navigate these complex processes.
- Highlight Rehabilitation Efforts: Demonstrate personal growth through post-service education, employment, community service, and clean legal records.
- Seek Medical Evaluations: If applicable, get a medical evaluation to link mental health conditions like PTSD or TBI to incidents during your service.
Conclusion
While seeking a military discharge upgrade after 15 years is undoubtedly more challenging, it is not impossible. By understanding the stricter requirements and diligently preparing your case, you can improve your chances of success. For additional guidance, consider consulting resources like the Veterans Benefits Administration or a trusted veterans advocacy organization.
Upgrading your discharge can open doors to VA benefits, employment opportunities, and peace of mind, making the effort well worth it despite the challenges.