Discharge Upgrades
How long after I am
discharged can I apply for an upgrade?
Generally, you have 15 years from the date of discharge to
apply for an upgrade with the Discharge Review Board of your
service. After 15 years, you can still apply to the Board
for Correction of Military Records, but the procedure is
different. See our link on the BCMR for more information.
What discharges can be upgraded?
Any administrative discharge, whether it resulted from an
administrative board or not, can be upgraded, regardless of
the characterization of service. In addition, discharges
resulting from special court-martials can be upgraded. The
Discharge Review Boards will not consider discharges
resulting from a general court-martial.
How do I apply for a discharge upgrade?
The first step is to get copies of all of your military
records by completing a SF-180, Request Pertaining to
Military Records.
Once you have acquired a copy of your military records, you
will need to fill out a DD Form 293 and submit it to
the proper service. We recommend consulting with an attorney
who is experienced in military discharge upgrades prior to
completing the form and submitting it.
 Read
More . . .
What can I request?
You can request that your discharge be upgraded to
Honorable, or any other characterization of service. We
recommend requesting an Honorable Discharge in nearly all
circumstances. Soldiers discharged under Other Than
Honorable conditions after 1 October 1982 while in entry
level status (less than 6 months service) may request
upgrade to an uncharacterized discharge. To do this, write
in block 3c “Change to Entry Level Separation.”
What will justify a discharge upgrade?
The best reason to get your discharge upgraded is because
the characterization of service you received was unfair,
unjustified, or inequitable. Examples of an unfair
characterization of service include that the standards
employed at the time you were discharged are no longer in
effect (for example, homosexuality,) your age or
inexperience at the time you were discharged.
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More . . .
How does the process work?
Along with the DD Form 293, you are allowed to submit a
written “brief” to the Discharge Review Board, explaining
why you believe a Discharge Upgrade is warranted. Mr.
Cassara will usually file a written submission, along with
any supporting documents that justify the upgrade of your
discharge.
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More . . .
Can I appeal the decision of the Discharge Review Board?
Yes. Appeals are generally submitted to the Board for
Correction of Military Records, but can also be filed in
Federal Court. In addition, you can ask the Discharge Review
Board to reconsider its decision based on “newly discovered
evidence.”
Read
More . . .
How long does the process take?
Depending on your service, it can take six months to two
years. Personal Appearances take longer than “records
reviews.”
What should I do if I need more information or want to
seek a discharge upgrade?
Contact Mr. Cassara by phone or e-mail, and provide the
following information:
- the date of your
discharge,
- the reason for the
discharge,
- the service you were
in, and
- the type of discharge
you received.
Read
More . . . |
Correction of Military Records
What are the Boards for
Correction of Military Records?
Each service has a Board for Correction of Military (or
Naval) Records. These are civilian boards, operating under
the authority of the service secretary. They are empowered
to correct nearly any error in a current or former service
member’s record, including being passed over for promotion,
appealing and adverse OER/NCOER, appealing a letter of
reprimand, Article 15/NJP, etc. The Board for Correction of
Military Records can also order a stand-by promotion board
for service members denied promotion. It does not matter
whether the person making the request is still on active
duty, or in the National Guard, reserves, etc.
Read
More . . .
How long do I have to
apply for a correction of my military (or Naval) record?
Generally speaking, the application must be brought within
three years of after the error is discovered. However, the
board may excuse this filing period for “good cause.”
Generally, the boards for correction of military (or Naval)
records are fairly liberal in allowing people to file after
the three year deadline.
How do I apply?
The first step is to get copies of all of your military
records. To get a copy of your military records, complete
the SF-180, Request Pertaining to Military Records. Once you
have acquired a copy of your military records, you will need
to fill out a DD Form 149 (DD149) and submit it to the
proper service. We recommend consulting with an attorney who
is experienced in correction of military (or Naval) records
prior to completing the form and submitting it.
Read
More . . .
How does the process
work?
Along with the DD Form 149, you are allowed to submit a
written “brief” to the Board for Correction of Military (or
Naval) Records, explaining who you believe a records
correction is warranted. Generally speaking, requests for a
correction of military (or Naval) records is submitted in
writing. The Board for Correction of Military (or Naval)
occasionally, but rarely, grants a personal appearance.
Read
More . . .
Can I appeal the decision
of the Board for Correction of Military (or Naval) Records?
Appeals from the Board for Correction of Military (or Naval)
Records are generally filed in federal court. It is
important to know that a petition must be filed in federal
court within six years of when the service member was
released from active duty. This time period applies even if
you have not yet received the decision of the Board for
Correction of Military (or Naval) Records.
In addition, you can ask the
Board for Correction of Military (or Naval) Records to
reconsider its decision within one year of when you receive
that decision. Such requests for reconsideration will only
be considered based on “newly discovered evidence.”
How long does the process
take?
Depending on your service, it can take six months to two
years.
What should I do if I
need more information or want to seek a correction of my
military (or Naval) record?
Contact Mr. Cassara by phone or e-mail, and provide him with
a summary of your request. |
