VA Character of Discharge Upgrade Process
This article is for general educational purposes and is not legal advice. Character of discharge upgrades involve complex military and legal procedures. Consult a veterans service organization (VSO), veterans law attorney, or veterans legal clinic for guidance on your specific case. Information current as of 2026.
Character of discharge determines your access to nearly every veteran benefit. An Honorable discharge unlocks the full VA benefits package. An Other Than Honorable (OTH), Bad Conduct, or Dishonorable discharge blocks most benefits — sometimes for a lifetime. But discharge characterization isn’t permanent. Every year, thousands of veterans successfully upgrade their discharge through the discharge review board process, particularly veterans whose discharges were affected by PTSD, TBI, MST, mental health conditions, sexual orientation, or command misconduct. This guide walks through the upgrade process: which board handles your case, what evidence matters, timing considerations, and where to get free help from veterans law clinics and service organizations.
Discharge characterizations — what each means
Honorable
- Full access to VA benefits (disability, GI Bill, VA home loan, healthcare)
- Typical characterization for most separations
General (Under Honorable Conditions)
- Most VA benefits available (disability, healthcare, VA home loan)
- GI Bill benefits NOT available (must be Honorable)
- Common for administrative separations for minor misconduct
Other Than Honorable (OTH)
- Limited or no VA benefits (case-by-case VA character of discharge determination required)
- Given for serious misconduct short of court-martial
- Most common target for upgrade
Bad Conduct Discharge (BCD)
- Result of special court-martial or general court-martial
- No VA benefits
- Upgradeable through Discharge Review Board
Dishonorable
- Result of general court-martial for serious offenses
- No VA benefits
- Very difficult to upgrade — typically only through Board for Correction of Military Records for exceptional cases
The two paths to upgrade
Discharge Review Board (DRB) — 15-year window
- Each service has its own DRB (Army, Navy, Air Force, Marine, Coast Guard)
- Reviews discharges within 15 years of separation
- Cannot review General Court-Martial discharges (only special court-martial or administrative)
- Can upgrade to Honorable or General; cannot change reason for discharge fully in many cases
- Application: DD Form 293
Board for Correction of Military Records (BCMR) — no time limit
- Each service has its own BCMR (Army BCMR, BCNR, AFBCMR, etc.)
- Can review discharges beyond 15 years
- Can review any discharge type including Dishonorable
- Can change reason for discharge, correct records, upgrade characterization
- Standard: “necessary to correct an error or remove an injustice”
- Application: DD Form 149
Grounds for upgrade — the winning cases
PTSD or mental health condition affected conduct
DoD directive (Hagel Memo 2014, Kurta Memo 2017): DRBs must give liberal consideration to upgrade requests when PTSD, TBI, or other mental health conditions contributed to the discharge conduct. This is the single most successful ground for upgrade in recent years.
Evidence: medical records showing PTSD/TBI/mental health diagnosis, especially service-connected. Combat service records. Testimony from mental health providers.
Military Sexual Trauma (MST)
Kurta Memo (2017) extended liberal consideration to MST cases:
- If MST contributed to the misconduct that led to discharge
- Liberal consideration standard applies
- Even non-service-connected MST claims can support upgrade
Evidence: personal statements, contemporaneous documentation, treatment records (even years later), buddy statements. See our related coverage in this batch.
Discharges based on sexual orientation or transgender status
- Don’t Ask, Don’t Tell (repealed 2011): pre-repeal LGBT discharges routinely upgraded
- Transgender service discharges from earlier policies now often upgraded
- Reviews expedited under recent directives
Racial, ethnic, or religious discrimination
- Discharges rooted in discrimination pattern can be upgraded
- Requires evidence of pattern (not just individual assertion)
- More common for older discharges
Command misconduct or improper procedures
- Discharge procedures not properly followed
- Command retaliation for whistleblower activity
- Improper convening authority
Combat/operational stress
- Multiple deployments contributing to misconduct
- Combat exposure with delayed mental health impact
- Similar to PTSD but broader framing
The upgrade application process
Step 1: Determine which board handles your case
- Within 15 years, no general court-martial: DRB
- Over 15 years, or seeking record correction beyond discharge type: BCMR
- Some cases benefit from applying to both
Step 2: Request your military records
- National Personnel Records Center (NPRC) or eBenefits/milConnect
- DD Form 180 for archived records
- Get your full service record, medical record, and discharge documentation
- Takes 2-8 weeks typically
Step 3: Get medical records supporting your case
- VA medical records if you’ve been treated by VA
- Private medical records for mental health treatment
- Diagnosis of PTSD, TBI, depression, anxiety, MST
- Records that predate or overlap with the discharge conduct
Step 4: Draft your personal statement
The single most important document. Include:
- Service history and honorable service
- Circumstances leading to the discharge
- The mental health condition, MST, or other liberal consideration ground
- How you’ve addressed the underlying issues since discharge
- Your current life situation and reasons the upgrade matters
- Specific request (upgrade to Honorable, General, etc.)
Step 5: Gather buddy statements and support letters
- Fellow service members who knew you
- Officers, NCOs, medical personnel
- Post-service employers, mental health providers, family
- Character reference from clergy, community leaders
Step 6: Complete DD Form 293 (DRB) or DD Form 149 (BCMR)
- Available on esd.whs.mil (Executive Services Directorate)
- Attach all supporting documentation
- Submit via mail or e-Benefits
Step 7: Request personal appearance (if desired)
- DRB allows personal appearance hearings (in-person or video)
- Testimony from you, your representative, character witnesses
- Personal appearance often improves outcomes
Timeline expectations
- DRB decision: 6-18 months typical
- BCMR decision: 12-24+ months typical
- Complex cases: longer
- Personal appearance requests can add several months
Cost — mostly free
The upgrade application itself is free. However:
- Records requests: usually free from NPRC
- Medical records: may have copy fees ($20-$100)
- Free legal representation available through VSOs and legal clinics
- Private attorney: $2,500-$15,000 for complex cases (not required for straightforward cases)
Free help sources
Veterans Service Organizations (VSOs)
- DAV (Disabled American Veterans) — extensive discharge upgrade experience
- American Legion — service officers in most communities
- VFW (Veterans of Foreign Wars) — nationwide network
- Vietnam Veterans of America — specialized in older discharges
Veterans law clinics (free legal representation)
- National Veterans Legal Services Program (NVLSP) — nvlsp.org
- Swords to Plowshares (California) — free representation
- Veterans Consortium Pro Bono Program
- Law school veterans clinics — Yale, Stanford, Harvard, and many others
Government resources
- VA benefits assistance: 800-827-1000
- Discharge upgrade information: VA discharge upgrade page
- Executive Services Directorate: esd.whs.mil (for forms and application submission)
What happens after upgrade approval
- Corrected DD-214 issued
- VA benefits become available (retroactive in some cases)
- Can apply for VA disability compensation, GI Bill, VA home loan, healthcare
- May be eligible for back pay if disability claim was previously denied due to discharge status
- Employment discrimination protections restored under USERRA
What happens if upgrade is denied
- Reconsideration by the same board (new evidence required)
- Appeal to the BCMR (if DRB denied)
- Federal court review (rare but possible)
- Reapplication with new evidence
Persistence matters. Many successful upgrades came after initial denials.
Recent policy changes affecting upgrades
Kurta Memo (2017)
Extended liberal consideration for PTSD, TBI, MST, and other mental health conditions across all services.
Wilkie Memo (2018)
Instructed DRBs and BCMRs to give great weight to VA medical records and diagnoses.
Recent DoD initiatives
- Streamlined process for LGBT and DADT-era discharges
- Expedited review for veterans with 100% VA disability
- Special processes for MST-related discharges
These policy changes have substantially increased upgrade approval rates. If you were previously denied under older standards, reapplication under current policy may succeed.
Common upgrade mistakes
- Waiting too long. DRB has 15-year window; BCMR has no limit but memory fades and witnesses become unavailable.
- Applying without medical documentation. PTSD/mental health claims need supporting records.
- Personal statement lacking specifics. “I was under stress” is weak; “Following my 2005 deployment to Iraq, I was diagnosed with PTSD by the VA in 2018, and the misconduct that led to my discharge occurred during a period of untreated symptoms” is strong.
- Not seeking free help. VSOs and legal clinics are experts at this; using them costs nothing.
- Assuming denial is final. Reconsideration, appeal, and reapplication are all available paths.
- Skipping personal appearance. When available, dramatically improves outcomes.
Related VMG topics
Related benefits impact: how to appeal VA denial, VA disability appeal process. Character of discharge affects: VA healthcare enrollment, GI Bill benefits, VA home loan. Mental health connection: VA disability for PTSD, VA disability for depression/anxiety. Post-upgrade benefits: how to apply for VA disability.
Key takeaways
- Discharge upgrades happen through DRB (within 15 years) or BCMR (no time limit); each service has its own board.
- Winning grounds: PTSD/TBI/mental health (Kurta Memo liberal consideration), MST, sexual orientation, procedural errors, discrimination.
- Personal statement + medical records + supporting statements = the core application package.
- Free help widely available through VSOs (DAV, VFW, American Legion) and veterans legal clinics.
- Timeline: 6-24+ months. Denials can be reconsidered, appealed, or reapplied under changed policy.
FAQ
If I have an Other Than Honorable discharge, can I still get VA disability compensation? Sometimes yes, sometimes no — depends on VA character of discharge determination. VA reviews the circumstances of your discharge and can grant benefits despite an OTH characterization. Some veterans qualify for “healthcare only” under the VA character of discharge framework even without upgrade. Consult VSO or veterans law clinic.
How long does the discharge upgrade process take? Typically 6-18 months for DRB, 12-24+ months for BCMR. Personal appearance hearings can add time. Some cases resolve faster; complex cases longer. The wait is unavoidable — plan your other benefits questions around the timeline.
Do I need a lawyer for a discharge upgrade? Not required for most cases. VSOs (DAV, American Legion, VFW) and veterans legal clinics provide free representation and are experienced with the process. Private attorneys may add value for complex cases involving multiple boards, court appeals, or particularly difficult evidence — but for straightforward applications, free help is fully sufficient.