Characterization of military service is extremely important! A less than fully Honorable Discharge imposes significant limitations on veterans’ VA benefits entitlement and employment opportunities. There is a lot of misinformation that goes around such as an other-than-honorable discharge will be upgraded in six months automatically. That is simply not true! This is such a widespread falsity that it’s even addressed on the FAQ webpages for the many of the armed forces.
The single best way to avoid a less than fully Honorable Discharge is to fight any separation that will result in less than fully Honorable Discharge while on active duty or still a member of the reserves. If notified of involuntary administrative separation, the member should ALWAYS consult an experienced military law attorney before returning the notification paperwork.
After discharge, veterans can apply to two separate Boards (each service has their own) to upgrade a discharge and other related information on a DD-214 such as a reenlistment code or narrative reason for discharge. They are the service’s Discharge Review Board and the Board for Correction of Military Records (Board for Correction of Naval Records).
The Discharge Review Boards consist of five officers, of the rank 0-4 or higher. These Boards have jurisdiction over discharges issued within fifteen years of the date of application. The Review Boards cannot review a Bad Conduct or Dishonorable Discharge issued as part of the sentence of a General Court-Martial, but they can review all others including Bad Conduct Discharges issued as part of the sentence of a Special-Court Martial. The Review Boards are empowered only to “upgrade” the type of discharge and change the reason for discharge. They can change a re-enlistment code under some circumstances. The Discharge Review Boards cannot otherwise modify the contents of a veteran’s military records.
Applicants can elect either a personal appearance type of hearing before the Review Boards or a non- personal appearance review that is limited to consideration of available medical and administrative records as well as any materials submitted by the veteran. An applicant can first apply for a non-appearance type of hearing and, if that is not successful, then ask for a personal appearance type of hearing. Statistically, personal appearance type hearings stand a much better chance of success.
The Discharge Review Board has a 15 year time limitation requirement in most cases, normally calculated from the date of discharge. Application to the Review Boards is made on a DD Form 293. A good application will include an attached brief summarizing the basis for the upgrade and include numerous enclosures supporting the application.
The Boards for Correction of Military/ Naval Records consist of high ranking civilian employees of each branch. These Boards have almost complete power to change, delete, modify or add to the contents of military records. Application to a BCMR/BCNR requires completion of DD Form 149. The Board for Correction can do anything to a veteran’s records except overturn a court-martial conviction. They are not required to grant personal appearance hearings though they can but very rarely do. They sit only in Washington D.C.
The Boards for Correction have a a 3 year limit for application that starts upon the date of “discovery of alleged error or injustice.” This date is generally, for discharges, the date the discharge is received or, in the case of a denied upgrade from a Discharge Review Board, the date of the Review denial decision. However, the Boards can waive the three year limit if they determine that it “is in the interest of justice” to do so. Again, a good application will include an attached brief summarizing the basis for the upgrade and include numerous enclosures supporting the application.
Because of the benefits and employment opportunities at stake with regard to the characterization of service, veterans seek the assistance of an experienced attorney or other trained representative while preparing his or her application to have the discharge upgraded.
Attorney Patrick Korody has represented clients applying for discharge upgrades before the Discharge Review Boards and Boards for Correction of Military Records. He is a former Navy JAG who was certified by the Judge Advocate General of the Navy as a Military Justice Specialist. He offers a free consultation.