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Why You Should Consult a Lawyer Early in the Military Discharge Upgrade Process

Posted May 13th, 2025 in General

If you’re thinking about applying for a military discharge upgrade, one of the smartest decisions you can make is to consult with an attorney early in the process. A discharge upgrade can have life-changing benefits—access to VA health care, GI Bill education benefits, and job opportunities—but success isn’t guaranteed. In fact, the process is complex, evidence-heavy, and often misunderstood.

Whether you’re hoping to upgrade an Other Than Honorable (OTH) discharge or correct an administrative separation, legal guidance can be the difference between success and denial.

What Is a Discharge Upgrade?

A discharge upgrade is the process of changing the character of your military discharge—for example, from “Other Than Honorable” to “General” or “Honorable.” Veterans may request a review by their branch’s Discharge Review Board (DRB) or apply for correction of their records via the Board for Correction of Military Records (BCMR).

You can start the process using:

Why Legal Help Is Critical—Early

1. Legal Deadlines and Eligibility

Each branch imposes time limits for applying:

  • You generally have 15 years from your discharge date to request a review by the DRB.
  • There’s no strict time limit for the BCMR, but requests beyond 3 years require an explanation.

An attorney can immediately assess which board has jurisdiction and ensure your application complies with all deadlines.

2. Understanding Grounds for Upgrade

Discharge upgrades are not automatic. You must prove your case, often using one or more of the following arguments:

  • Inequity (your discharge was unfair)
  • Impropriety (your discharge was legally or procedurally flawed)
  • New evidence such as PTSD, TBI, or MST

Attorneys understand what evidence holds legal weight and how to frame your argument persuasively.

3. Evidence Collection and Framing

The board will review:

  • Your service record and disciplinary actions
  • Any post-service conduct and rehabilitation
  • Medical documents, especially in cases involving PTSD or MST

Attorneys can help gather, organize, and present these documents in a way that strengthens your case.

4. Maximizing the Chances of Approval

Most discharge upgrade requests are denied due to:

  • Insufficient documentation
  • Poor legal reasoning
  • Missed deadlines
  • Incomplete or inconsistent applications

With legal counsel, you increase your odds by submitting a strategically built case that addresses the board’s key decision factors.

When Should You Contact a Lawyer?

As early as possible. Ideally, you should talk to a lawyer before you file any paperwork. Lawyers can:

  • Advise whether to apply to the DRB or BCMR
  • Help you request military or VA records
  • Recommend expert evaluations for PTSD, MST, or TBI claims
  • Draft your personal statement
  • Represent you in a hearing (if needed)

Delaying legal support could result in a poorly framed case or a missed opportunity for a hearing.

Where to Find Help

Legal assistance for discharge upgrades is available—often at no cost:

Final Thoughts

Trying to upgrade a military discharge without legal help is like going to court without a lawyer—you might win, but the odds are against you. By consulting with an attorney early, you dramatically improve your chance of success and avoid costly delays or mistakes.

If you’re serious about reclaiming your military benefits and clearing your name, make legal consultation your first step—not your last resort.

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