What is the Procedure for Obtaining an Upgrade?
You can apply to the Discharge Review Board (DRB) of your branch of the service for a discharge upgrade or a change in the discharge reason (that is, character of service). Each service branch has its own DRB, which is tasked with evaluating discharge upgrade requests.
The procedures for upgrading discharges are governed by service regulations and can be complex and cumbersome. While the DRBs for each service are different, they all follow the same general guidance from the Department of Defense. However, each DRB each has its own distinct process for filing an upgrade.
So long as your discharge was not part of a general courts-martial (Dishonorable Discharge), the applicable DRB has the authority to review your discharge. In doing so, the DRB may examine, change, modify or correct the characterization of service and the for your discharge.
The first step in requesting an update is to complete an Application for Review of Discharge From the Armed Services of the United States (link) (or DD-293). You can obtain this form online, but just make sure you are using the most updated version of this form. It is important to be thorough when completing this form, as any issues that you fail to list cannot be considered by the board, even if you or your attorney tries to raise them later on.
In order to complete your application, you should first request a complete copy of your military and any relevant medical records so that you can submit them with your application. You can obtain these records through the Veterans’ Records Section (link) of the National Archives and Records Administration website. Obtaining the records may take weeks, or even months in some cases. In practice, often a second request for records may be necessary if the service fails to provide complete records. It is also recommended that you include language referring to the Freedom of Information Act (FOIA) in any record requests from the armed forces.
Should you retain us to represent you in the upgrade process, discharge upgrade lawyer Jeff King will request and obtain the requisite files on your behalf. We will then complete your application. In addition to completing the DD-239 and enclosing relevant medical and/or military issues that relate to your upgrade request, we will gather evidence and draft a persuasive and comprehensive legal brief going over all of the reasons why you deserve an upgrade as well as a Statement of Material Contentions (a legal document that lays out the issues we want the DRB to address).
In addition, we may submit any of the following documentary evidence, as applicable: Military records; Medical records; Records showing rehabilitation for drug or alcohol abuse; Good performance reviews; A statement from the service member; Statements from other services members that you served with (the higher the rank, the better); Character reference letters (these can be from friends, family members, employers, clergy, etc.); Educational records; Post-service employment records; Credit reports; Family responsibility documents (birth and marriage certificates, etc.); Awards; Criminal record reports; and/or Volunteer, charitable, or donation records.
When requesting an upgrade, the burden is on the discharged veteran to prove that an upgrade is warranted. To get your discharge upgraded or your character of service changed, you will need to demonstrate that your discharge was either “improper” or “inequitable.” An improper discharge means that the discharge was based on factually incorrect information or was inconsistent with the law. An inequitable discharge means that the discharge was unfair or was inconsistent with the traditions and policies of the service. An example of a discharge that qualifies for an upgrade might be that a veteran served honorably and had a single bad incident or was abusing drugs or alcohol as a means of self-medicating post-traumatic stress disorder.
In considering whether to grant you an upgrade, the DRB can consider the circumstances surrounding your discharge, your service record in its entirety, whether the discharge was fair and proper, as well as your life outside of the military.
Despite some common misconceptions, you should know that discharge upgrades are never automatic. While having Post Traumatic Stress Disorder (PTSD) and a Traumatic Brain Injury (TBI) might improve your chances of obtaining an upgrade, there is no guarantee.
Discharge Upgrade Hearings – On the DD-293 application, you will be asked whether you would like the DRB to decide your case on the papers or whether you would like an in-person hearing. If you ask for the DRB to decide your case on the papers, without a hearing, and they subsequently deny your request for an upgrade, you can then submit a request for a hearing. This allows you to get two chances at a favorable decision.
If a hearing is required in your matter, it will take place in Washington, D.C. The hearing will take place before the DRB, which usually consists of five officers. At the hearing, you can testify if you choose to. If you choose to testify under oath, the board can ask you questions. In lieu of testifying under oath at the hearing, you can submit a written statement to avoid being questioned by the board under oath.
At the conclusion of the hearing, each board member will vote. Your upgrade request will be granted if the majority votes in favor of the upgrade. If you are granted an upgrade, you will receive a new DD-214 as well as a copy of the board’s decision. If you are denied an upgrade, you will receive a letter from the board explaining their decision.
If your request was denied, you can appeal the DRB’s decision to the Board of Corrections for Military Records (BCMR) using DD-Form 149.
