Discharge Upgrade — It's Not Too Late to Get the Benefits You Earned
A less-than-honorable discharge doesn't have to be permanent. Thousands of veterans have successfully upgraded their discharge and gained access to the benefits they earned through service.
Why Discharge Status Matters
Your discharge characterization is the single biggest factor in determining your eligibility for VA benefits. Understanding what each characterization means is the first step.
Eligible for all VA benefits: disability compensation, healthcare, GI Bill, VA loan, burial, and more.
Eligible for most benefits, but generally not the GI Bill education benefits.
Generally not eligible for VA benefits. Some exceptions exist (see VA Healthcare Exception below).
Issued by court-martial. Generally not eligible for VA benefits.
Issued by general court-martial only. Not eligible for any VA benefits.
You May Be Eligible for an Upgrade If...
- Your discharge was related to PTSD, TBI, or other mental health conditions
- You experienced Military Sexual Trauma (MST)
- Your discharge was related to sexual orientation (pre-Don't Ask Don't Tell repeal)
- You were a minor at the time of the incident
- Your discharge was for a minor infraction that wouldn't warrant the same characterization today
- Clemency or equity factors favor an upgrade
The Upgrade Process
Option 1: Discharge Review Board (DRB)
- Reviews discharge characterization and reason
- Can upgrade General and OTH discharges
- Cannot change discharges issued by General Court-Martial
- Apply using DD Form 293
- Can request a hearing (in person or video) — recommended
Option 2: Board for Correction of Military Records (BCMR/BCNR)
- Can correct any military record, including discharge
- Can review discharges older than 15 years
- Can review General Court-Martial discharges
- Apply using DD Form 149
- Generally decides on records review (no hearing), but you can request one
Liberal Consideration Policies (Hagel/Kurta/Wilkie Memos)
Between 2014 and 2020, the Department of Defense issued a series of landmark guidance memos directing discharge review boards to give "liberal consideration" to certain categories of discharges:
These memos instruct boards to consider whether the veteran's condition mitigated the conduct that led to discharge. Thousands of upgrades have been granted under these policies.
What You Need to Apply
DD Form 293 (DRB) or DD Form 149 (BCMR)
Explain why you deserve an upgrade — this is your most important document
Mental health records supporting PTSD, TBI, or MST if applicable
Statements from fellow service members who can corroborate your account
From post-service life: employment, community service, education
Any records showing positive service before the incident
Free Legal Help
You do not need to do this alone. Multiple organizations provide free legal assistance for discharge upgrades.
Many law schools have veterans legal clinics that handle discharge upgrades pro bono.
National Veterans Legal Services Program — advocates for veterans' rights and assists with upgrades.
Veteran-serving nonprofit with a dedicated legal team for discharge upgrades.
Many state bars have veterans pro bono programs connecting you with free attorneys.
The VA will provide your military records for free when used for a discharge upgrade application.
What Happens After an Upgrade?
VA Healthcare Exception — Even Without an Upgrade
Even without a discharge upgrade, veterans with OTH discharges may still be eligible for:
- VA healthcare for service-connected conditions
- Mental health care related to Military Sexual Trauma
- Vet Center counseling — readjustment counseling services
- Veterans Crisis Line — always available to everyone, no eligibility required