If you have been discharged from the military with an unfavorable characterization of service, then you have already been negatively impacted. Whether it’s the loss of job opportunities, inability to purchase a firearm, loss of benefits, stigma, or some other consequence, the prejudice you have faced is real.  But there is hope. You can apply for a discharge upgrade, change in RE (separation) code, change in the reason for separation, or other military record correction. This application is made to either the Discharge Review Board (DRB) or the Board of Correction for Military Records (BCMR) for your service branch. Which board is the correct authority to review your request will depend on where you are in the process, the correction you are requesting, and how long it has been since you separated from the service.

It is important that the discharge upgrade lawyer you hire has active duty experience and a thorough understanding of the military legal system both from a criminal justice perspective and administrative law angle. This experience is necessary to spot all the issues and effectively present them to the board. All too often, your discharge upgrade lawyer will not know what to look for when reviewing your legal paperwork. Learn more about our experience on our Why Us page. 

The boards do not conduct independent investigations; they will rely on the documents you submit in your application. If legal and equitable issues are not raised, then they may be waived or unable to be raised at the next level of appeal, which includes the federal court level. Submitting the correct DD form listing the reasons for your request will not be enough to convince the board. You or your attorney should write a statement arguing your case under the appropriate legal standard and attach supporting evidence to include: medical records, doctor’s notes, character references, affidavits, military records, and civilian employment.

It is not too late to regain the benefits and respect that you earned in service to your country. Contact one of our discharge upgrade lawyers today for a free case evaluation with one of our experienced military attorneys.