What Is a Discharge Upgrade and why is it important?
A discharge upgrade is a request to have the military or the VA review the character of a veteran’s discharge. For some veterans, especially those who received a less-than-honorable discharge, an upgrade can affect access to VA health care, disability compensation, education benefits, housing assistance, and other services. There are two kinds of Discharge Upgrades: one changes your DD214, the other is for VA purposes only and is called a Character of Discharge Upgrade. This can be used to entitle you to VA Hospital care or other VA benefits. You can apply for both types at the same time. The reasons for a Discharge Upgrade or a Character of Discharge Upgrade are the same. The more supporting documentation, the better.
- Don’t Ask, Don’t Tell (DADT)
Prior to 2011, the military could discharge veterans from service on the basis of their sexual orientation, or some other reason referencing their sexual orientation. In some cases, these service members might have even received a less than Honorable characterization of service on the basis of their sexual orientation. DOD guidance issued after the repeal of DADT allows changes to a veteran’s characterization of service and/or narrative reason for separation if the veteran’s discharge was based on DADT or a prior similar policy.
- Military Sexual Trauma (MST)
Similarly, veterans who survived MST while in service may be able to argue that the misconduct resulting in their discharge was a result of or a reaction to the MST event(s).
- Racial Discrimination
Studies conducted by various veterans’ advocacy organizations have found evidence of disparate treatment of racial minorities in the military, particularly related to punishment for infractions of the Uniform Code of Military Justice (UCMJ) and discharges with less than Honorable characterizations of service. Veterans might be able to argue that the misconduct that led to their discharge was a result of racial discrimination or harassment, either by their fellow service members, or their superiors, or both. Veterans may also be able to argue that racial discrimination influenced the decision to discharge and/or which characterization of discharge they were assigned.
- Mental Health Conditions
Veterans who suffered from mental health conditions while in service (even if undiagnosed) might be able to demonstrate that their mental health condition(s) impacted their behavior and resulted in a less than fully Honorable discharge characterization. These mental health conditions include Post-Traumatic Stress Disorder (PTSD), depression, anxiety, etc.
- Personality Disorder/Adjustment Disorder
Recent studies have found that many veterans are wrongfully discharged from military service for a personality disorder or adjustment disorder that they might not actually have. Veterans can argue that their discharge should not reference an incorrect diagnosis. If a veteran received a less than Honorable characterization of service on the basis of the alleged personality disorder, the veteran can argue that this characterization is unwarranted based on their otherwise commendable service. This also applies to veterans who were discharged with a narrative reason for separation of “Adjustment Disorder.”
- Traumatic Brain Injury (TBI)
Veterans who suffered a TBI while in service can make the argument that the TBI caused them to act differently than they normally would have and caused the misconduct that led to their discharge.
- Post-Discharge Conduct
The most recent DOD guidance encourages review boards to consider whether evidence of veterans’ positive post-discharge conduct and achievements might outweigh the misconduct that led to their discharge. Veterans can submit evidence of their positive conduct post-service (such as employment history, educational achievements, community involvement and volunteer work, etc.) to convince a review board that they have led a positive life since their discharge.
- What a Discharge Upgrade Looks Like
A Successful Discharge Upgrade may result in the issuance of a DD215. It does not replace the DD214, but must be kept with it. To get a corrected DD214 that incorporates DD215 changes, submit a request for records to the National Personnel Records Center (NPRC): using Standard Form 180 (SF180) or through MilConnect
Who can help a veteran apply for an upgrade?
Veterans can get help from an accredited attorney, claims agent, or Veterans Service Organization representative. An accredited representative can help them complete their application, and can also help them collect and submit supporting documents.
Information on Accredited Representatives: https://www.va.gov/get-help-from-accredited-representative/
Also, the National Veterans Legal Services Program (NVLSP) assists veterans who were discharged from the military with a less than fully Honorable characterization of service. They help with obtaining a discharge upgrade from a Department of Defense (DOD) review board. They may do the work pro bono (for free).
Veterans can apply for an upgrade more than once, but may have to do it in different ways. Veterans are more likely to have success if their new application is different from when they last applied. For example, they may have additional evidence, or the Defense Department (DOD) may have issued new rules about discharges since the last time they applied. Start here: https://www.va.gov/discharge-upgrade-instructions/introduction/#
