Upgrading a Dishonorable Discharge is possible in theory, but the process is demanding and the standard that must be met is high. Applications go to the Discharge Review Board, which has authority to upgrade the characterization if it finds that the original discharge was improper or inequitable. For cases where the DRB lacks jurisdiction or where its review has already been exhausted, a petition to the Board for Correction of Military Records provides an alternative avenue that can address a broader range of issues.
What a successful petition must demonstrate depends on which board is hearing it and what the basis for the upgrade claim is. Arguing that the discharge was inequitable requires showing that it was inconsistent with how similarly situated service members were treated or that significant mitigating circumstances were not adequately weighed. The evidence needed to make that showing, and the legal arguments that are most likely to succeed, require careful preparation by someone familiar with the standards these boards apply.
The Discharge Review Board and Its Jurisdiction
The Discharge Review Board for each military branch has authority to review the character of discharge of veterans who separated under conditions other than dishonorable, for discharges issued within fifteen years of the date of discharge. The DRB may upgrade a discharge characterization if it concludes that the original characterization was improper, meaning it violated applicable regulations or law, or inequitable, meaning it was unduly harsh compared to how the military treated others in similar circumstances.
The DRB does not have jurisdiction to review dishonorable discharges resulting from a general court-martial conviction, or discharges that resulted from a general court-martial that has been finally executed. For those cases, the Board for Correction of Military Records is the applicable forum. The distinction between the two boards matters because their jurisdictions are different, their standards of review differ in nuance, and the evidence that is most persuasive before each board is not identical.
The Board for Correction of Military Records as an Alternative
The Board for Correction of Military Records is the appropriate forum for discharge upgrade applications when the DRB lacks jurisdiction, when the DRB application was unsuccessful, or when the discharge resulted from a general court-martial conviction. The BCMR has broader authority than the DRB: it can correct any military record to remove an error or injustice, and its corrections have the force of policy direction for the service branch involved.
A BCMR petition for discharge upgrade must identify the specific error or injustice that warrants correction. A petition that argues the original discharge was inequitable must provide the evidence and analysis that supports that claim. Petitions that rely on changed circumstances since the discharge, such as subsequent good conduct, community contributions, or professional achievements, are evaluated differently than those that challenge the original proceedings on legal or factual grounds. Both types of arguments can succeed, but they require different evidence and different presentations.
The Legal Standard for Upgrade and What Petitions Must Demonstrate
The Discharge Review Board applies a two-part standard for upgrade: improper discharge, meaning the discharge violated law or regulation, and inequitable discharge, meaning the characterization was unduly harsh compared to how similarly situated veterans were treated or given the totality of the circumstances. A petitioner must make a showing under one of these standards, supported by documentation and argument, to obtain relief.
The BCMR applies a broader injustice standard that encompasses both grounds available to the DRB and additional equitable considerations. BCMR petitions that establish that the original proceedings were flawed in a material way, that the characterization did not reflect the totality of the veteran’s service, or that significant mitigating information was not presented or considered are the ones most likely to succeed. The board has the authority to grant partial relief, such as a characterization upgrade without changing the reason for separation, and understanding what specific relief is available and appropriate is important for framing the petition correctly.
Whether Restored Characterization Triggers Retroactive Benefits
A successful discharge upgrade does not automatically trigger retroactive payment of all benefits the veteran would have received with a different characterization. The effective date of the corrected characterization and the applicable rules for each specific benefit program determine what, if anything, is owed retroactively. Some programs pay back benefits from the date of the upgrade decision. Others pay from the date of the original separation. Still others do not provide retroactive relief at all.
Veterans who obtain a discharge upgrade should immediately consult with a VA benefits specialist to understand which benefits have been restored, from what date, and what claims must be filed to access those benefits. The discharge upgrade opens the door; the subsequent claims process is what produces the actual benefit access. Without properly filed claims following an upgrade, the practical value of the corrected characterization may not be realized.
Recent Policy Changes That Affect Upgrade Petition Success Rates
Department of Defense guidance issued in recent years has expanded the considerations boards must weigh when evaluating discharge upgrade petitions, particularly for veterans who suffered from mental health conditions, sexual assault, or sexual harassment that contributed to the conduct underlying their discharge. These guidance documents direct boards to give meaningful weight to evidence of relevant trauma and its connection to the service member’s conduct, and they have produced a measurable increase in the success rates of upgrade petitions supported by this kind of evidence.
Veterans whose discharge arose from conduct that was connected to untreated PTSD, traumatic brain injury, military sexual trauma, or other qualifying conditions should specifically document that connection in their petition. Expert medical opinions, treatment records, and statements from mental health professionals who can explain the nexus between the condition and the conduct are important components of a petition designed to take advantage of these favorable policy standards. Legal counsel who specialize in discharge upgrade proceedings understand how to develop and present this evidence effectively.
This content is provided for educational purposes only and does not constitute legal advice. Military law is complex and fact-specific. If you are facing a UCMJ investigation, court-martial, administrative separation, or any other military legal matter, consult a qualified military defense attorney before taking any action.