Military Discharge Upgrade Guide

Any veteran who received a discharge characterization other than Honorable may apply for an upgrade. The most common discharge types that veterans seek to upgrade include:

• Other Than Honorable (OTH): The most common type sought for upgrade. OTH discharges are administrative (not punitive) but can severely limit access to VA benefits.
• General (Under Honorable Conditions): Better than OTH but still restricts some benefits, particularly the GI Bill. Many veterans with General discharges are strong candidates for upgrade.
• Bad Conduct Discharge (BCD): A punitive discharge issued by a Special or General court-martial. More difficult to upgrade but not impossible, especially under the Hagel and Kurta memos.
• Dishonorable Discharge: The most severe discharge, issued by a General court-martial. Only the Board for Correction of Military Records can modify this type.

You can also apply to change the reason for discharge (the narrative reason and the corresponding separation code) even if you are not seeking a change in the characterization itself. This can be important because some separation codes and reason narratives carry negative connotations that affect employment.

There are two main boards that can upgrade your discharge. Which one you apply to depends on how long it has been since your discharge and the type of change you are seeking.

The 15-Year Rule for DRB

The DRB can only review your discharge within 15 years of your separation date. If more than 15 years have passed, the BCMR is your only option. While the BCMR has a 3-year statutory limit, this is routinely waived in the interest of justice, so do not let the time limit discourage you from applying. The BCMR regularly reviews cases from veterans who separated decades ago.

For DRB: DD Form 293

1. Download DD Form 293 from the DoD forms website or your branch's DRB page.
2. Complete the form, clearly stating why you believe your discharge should be upgraded. Be specific and factual.
3. Attach supporting evidence (service records, character references, medical documentation, employment history, community involvement, post-service rehabilitation).
4. Indicate whether you want a personal hearing or a records-only review. A personal hearing is strongly recommended — it significantly increases your chances of success.
5. Submit the completed form and supporting documents to your branch's DRB.

For BCMR: DD Form 149

1. Download DD Form 149 from the DoD forms website.
2. Complete the form, explaining the error or injustice in your military records that justifies the correction.
3. Attach all supporting evidence. The BCMR relies heavily on documentary evidence since hearings are rare.
4. If more than 3 years have passed since you discovered the error, explain why you did not file sooner.
5. Submit to your branch's BCMR.

The strength of your application depends largely on the evidence you provide. Include as many of the following as possible:

• Military service records: DD-214, performance evaluations, awards, commendations, and anything showing positive service.
• Medical and mental health records: Particularly relevant if your misconduct was related to PTSD, TBI, MST, or other conditions that were undiagnosed during service.
• Character reference letters: From supervisors, coworkers, community leaders, clergy, or others who can attest to your character and post-service conduct.
• Post-service accomplishments: Employment history, education completed, community service, volunteer work, family responsibilities.
• Rehabilitation evidence: Completion of substance abuse treatment, counseling, or other programs addressing the issues that led to your discharge.
• Personal statement: A detailed, honest narrative explaining the circumstances of your discharge, taking responsibility where appropriate, and explaining why an upgrade is warranted.

Two landmark policy memoranda have significantly increased the chances of successful discharge upgrades for veterans whose misconduct was connected to mental health conditions:

The Hagel Memo (2014)

Issued by Secretary of Defense Chuck Hagel, this memo directed all discharge review boards to give "liberal consideration" to veterans whose misconduct or performance issues were related to Post-Traumatic Stress Disorder (PTSD). The memo acknowledged that PTSD was poorly understood in prior decades and that many veterans received less-than-honorable discharges for behavior that was actually a symptom of undiagnosed PTSD. Boards are now required to give special weight to PTSD as a mitigating factor.

The Kurta Memo (2017)

Issued by Acting Under Secretary of Defense A.M. Kurta, this memo expanded the Hagel memo's liberal consideration standard to include Traumatic Brain Injury (TBI), Military Sexual Trauma (MST), and other mental health conditions — not just PTSD. The Kurta memo established that boards should give the veteran the benefit of the doubt when there is a reasonable connection between the mental health condition and the misconduct that led to the discharge.

If your less-than-honorable discharge was related to PTSD, TBI, MST, or another mental health condition, you should explicitly cite the Hagel and Kurta memos in your application. Include medical evidence, buddy statements, or any documentation that connects your mental health condition to the behavior that led to your discharge. These memos have dramatically increased upgrade success rates for qualifying veterans.

Your discharge characterization directly determines which VA benefits you can access:

* Subject to VA Character of Discharge determination. ** The Post-9/11 GI Bill generally requires an Honorable discharge; some General discharge veterans may qualify for the Montgomery GI Bill if they paid into it.

Important: Even with an OTH discharge, you may be eligible for VA mental health care related to Military Sexual Trauma (MST) and, under recent policy changes, VA healthcare for service-connected conditions based on a "character of discharge" determination by the VA. An upgrade to General or Honorable removes these barriers entirely.

Success rates vary by branch, type of discharge, and the strength of your case. In general:

• DRB personal hearings have the highest success rate, typically around 30% to 40%, depending on the branch and year.
• DRB records-only reviews have a lower success rate, typically 15% to 25%.
• BCMR success rates are generally 25% to 35%, though this has increased since the Hagel and Kurta memos.
• Cases involving PTSD, TBI, or MST with supporting medical evidence have significantly higher success rates since the liberal consideration policy was implemented.
• Having legal representation substantially increases your chances of success.

You do not need to do this alone. Several organizations provide free legal assistance with discharge upgrade applications:

• Veterans Legal Services: Pro bono legal clinics specifically focused on discharge upgrades.
• Legal Services Corporation (LSC): Federally funded legal aid available in every state.
• National Veterans Legal Services Program (NVLSP): Provides training and resources for attorneys representing veterans.
• Swords to Plowshares: A San Francisco-based veteran service organization with a dedicated discharge upgrade program.
• Your state bar association: Many state bars have veteran legal clinics or pro bono programs.
• Law school veteran clinics: Numerous law schools across the country operate clinics that handle discharge upgrade cases at no cost.
• DAV, VFW, American Legion: Veteran service organizations can help with the application process and may connect you with legal resources.