Discharge Upgrades and Character of Discharge

What it is

Your discharge status affects which VA benefits you can get. An honorable or general (under honorable conditions) discharge opens most doors. Other than honorable (OTH), bad conduct and dishonorable discharges can close them. But "can" is the key word. There are two ways to fight back.

Path 1: Ask the military to upgrade your discharge. Each branch has review boards that can change your discharge type, the reason for discharge, or your reentry code.

Path 2: Ask VA to decide your service still counts. VA makes its own "character of discharge" decision. An OTH discharge isn't an automatic no. VA looks at your whole record.

Military discharge upgrade boards

• Discharge Review Board (DRB). Use DD Form 293. You must apply within 15 years of your discharge. It can't change discharges from a general court-martial.
• Board for Correction of Military (or Naval) Records (BCMR/BCNR). Use DD Form 149. This is the path if it's been more than 15 years, or the DRB already said no. These boards usually waive their time limit when it's fair to do so.

The military has told these boards to give liberal consideration to veterans whose misconduct may be tied to PTSD, traumatic brain injury, military sexual trauma or other mental health conditions, even if those weren't diagnosed in service. Veterans discharged because of their sexual orientation under past policies can also seek upgrades.

VA's character of discharge review

If you have an OTH or bad conduct discharge from a special court-martial, file a claim with VA anyway. VA will review your service. In April 2024, VA updated its rules. It added a compelling circumstances exception for some discharges based on misconduct. VA now weighs things like your length and quality of service, mental health, combat hardship, and whether you survived sexual abuse or discrimination. VA also removed an old bar related to homosexual acts.

Some discharges remain hard bars, such as a dishonorable discharge or a discharge from a general court-martial, though there are narrow exceptions.

Mental health care, even with an OTH

You don't have to wait for any of this to get help in a crisis. VA offers emergency mental health care to former service members regardless of discharge status, and many with an OTH discharge can get ongoing mental health care. Vet Centers may also help.

How to apply, step by step

1. Get your records. Request your full personnel file and service treatment records.
2. Get help. Free VSOs, veterans legal clinics and law school clinics handle upgrades. This is worth it.
3. Write your story. Explain what happened, what you were going through, and what you've done since. Include medical records, diagnoses, and character letters.
4. Pick the right board (DRB within 15 years, BCMR/BCNR after) and file the DD-293 or DD-149.
5. File a VA claim too. Don't wait for the military board. Ask VA for a character of discharge determination.
6. If denied, try again. You can ask for a personal hearing, add new evidence, or go to the correction board.

Mistakes to avoid

• Assuming an OTH means no VA help. Apply anyway.
• Skipping your mental health history. It may be the strongest part of your case.
• Filing a bare form with no evidence. Boards decide on what you give them.
• Waiting years. It's never too late, but the DRB window is 15 years.

Related benefits

See our guides on VA mental health care and Vet Centers, VA health care, homeless programs, and filing your claim.