There is a three-year statute of limitations for submitting requests to the Board of Corrections for Military Records but very frequently BCMRs accept late applications as long as a good reason for the delay is provided.
Again, hiring a disability attorney can help you win a discharge upgrade on appeal. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. The attorney listings on this site are paid attorney advertising. In some states, the information on this website may be considered a lawyer referral service.
Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Grow Your Legal Practice. Meet the Editors. How to Get a Military Discharge Upgrade. What Can a Discharge Review Board do? Discharge review boards can do the following. Upgrade general discharges, other than honorable undesirable discharges, and special court-martial bad conduct discharges, and Change the reason for discharge.
Can I Get a Discharge Upgrade? In addition, submitting the following may influence the Discharge Review Board in your favor: your statement statements from others you served with as high ranking as possible character references from an employer, clergy, or others educational records post-service employment history credit reports showing good credit, and information about your good conduct after service including a clean criminal record.
Rescheduling Hearings If you do request a hearing, once it is scheduled let the DRB know right away if you can't make it. What Will the Hearing be Like? Talk to a Lawyer Need a lawyer? Start here. Practice Area Please select Zip Code. How it Works Briefly tell us about your case Provide your contact information Choose attorneys to contact you. Related Products More. A missing document could be the one that makes—or torpedoes—your case. For information about ordering your OMPF, review our guide.
Court-martial transcripts and records of military investigations may also be crucial to your case. But please note: You may not be able to obtain copies of your service personnel and medical records once you file your application.
The Board may obtain these records to adjudicate your application. At that point, you may not be able to order your own copies of these records. If a deadline is near , you may need to file an application before you have all the documents you need. Do your best with what you have. You may be able to supplement your application after you submit it. If you move while your application is pending , notify the Board of your new address. Otherwise, you may not get a copy of its decision.
Write to the Board at the address at the end of its application form. Check the status of your application and timeline for a decision by contacting the appropriate Board:.
The forms and procedures for applying for a change in the narrative reason are the same as the forms and procedures for applying for a discharge upgrade. Note that the evidence you need to submit may be somewhat different from what you would submit for a discharge upgrade. Start by reviewing the separation regulations that were in effect at the time of your discharge: What were the stated requirements for the reason that was assigned?
Were all of those requirements met? Look at the regulations in effect today. The following links are to separation regulations for enlisted personnel who served on active duty:. If you served in the Reserves or National Guard, or were an officer, use an Internet search engine to find the applicable regulations. Be sure to find an advocate with experience in discharge upgrades. In most cases, however, the assistance may be limited. Legal aid offices and law school clinics in some communities have recently expanded their services to veterans, so you can search for those resources.
You may want to ask private attorneys in your area if they can assist you in applying for an upgrade. Private attorneys will likely charge you, and may be expensive, so make sure that you understand this up front. The Board cannot order witnesses to appear at the hearing, and it will seldom help you to obtain records that might be important to your case.
This memorandum provides general information only. It does not constitute legal advice, nor does it substitute for the advice of an expert representative or attorney who knows the particulars of your case. Any use you make of the information in this memorandum is at your own risk. We have made every effort to provide reliable, up-to-date information, but we do not guarantee its accuracy.
The information in this memorandum is current as of October These materials are the property of Swords to Plowshares and are made available at no charge.
For parties interested in using or distributing these materials, please note that no alterations are permitted and proper attribution must be given to Swords to Plowshares. About Us. Learn about our funders , annual reports , and other financial documents. Looking for opportunities to connect with other veterans? If you received a discharge that was not Honorable, a discharge upgrade can help you access important VA benefits, services, and care.
Or you may feel that your discharge was not fair and you want to correct it. Any veteran who has a discharge below Honorable can apply for an upgrade. You do not need an attorney to apply for a discharge upgrade. There are many different reasons why a veteran may want to apply for a discharge upgrade.
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