Military Discharge Characterization

Federal law allows eligible former military members to ask for a review of their discharge (10 U.S.C. 1553). Each military branch has its own process for reviewing discharge requests and makes its own decisions. The Navy and Marine Corps use the same discharge review board.

To start the discharge upgrade process, members from any branch must fill out DD Form 293. This form is called the Application for the Review of Discharge from the Armed Forces of the United States of America.

A former Service member can ask a Discharge Review Board (DRB) to review their discharge. They can ask the board to upgrade their discharge or change the reason for it. They must show that the discharge is "inequitable" or "improper".

• "Inequitable" means the decision was unfair or did not follow the military's usual policies and standards.

  An example of an "inequity" argument could be: "My discharge is inequitable because it was based on one isolated incident during my 28 months of service, with no other adverse action."

• "Improper" means that the reason or characterization of the discharge is incorrect (i.e., it is based on false information or violates a regulation or law).

  An example of an "improper" argument could be: "My discharge is improper because it was based on a pre-service civilian conviction that was properly listed on my enlistment documents."

In addition to the DD Form 293, former Service members may want to include documents that support their request for a discharge upgrade.

Examples of documents include:

• Character letters from friends, co-workers, and employers, or others who know the applicant;
• Diplomas, certificates, or other achievements;
• Family documents, such as a marriage license or birth certificate;
• Rehabilitation records; and
• Records showing good conduct after service, such as police records or other supporting documents.

You usually have 15 years from the date of your discharge to ask a DRB to review your discharge.

If you miss this deadline or if the DRB does not approve your request, you may be able to apply to a Board for Correction of Military Records (BCMR) or the Board for Correction of Naval Records (BCNR). These boards generally require requests to be filed within three years after you discover, or should have discovered, the issue you want corrected. In some cases, the board may still review your request after this deadline.

You generally have three years from the date you discover, or should have discovered, an error or unfair decision in your military record to apply to a BCMR. If you file after the three-year deadline, you must explain why the board should still review your case.

A BCMR can fix mistakes or unfair decisions in a military record. The board may be able to:

• Change certain discharge information;
• Change reenlistment codes;
• Correct records related to retirement or medical discharge;
• Review some past decisions, including certain discharge review decisions; and
• Make other corrections to military records when there is an error or injustice.

The BCMR can do more than a DRB, but it cannot change every type of military decision.

A DRB looks at two main questions when reviewing a discharge.

First, did the military follow its own rules and procedures when it discharged the Service member? If not, the discharge may be considered improper. The applicant must explain what rule or procedure was not followed.

Second, was the discharge fair based on all the facts of the case and the Service member’s entire military record? This is called an equity review. For an equity review, the board considers the circumstances of the discharge and the applicant’s overall record of service to decide whether the discharge was fair.

The BCMR looks for evidence of an error or injustice. Its standards are similar to those used by the DRB for impropriety and equity reviews.

The evidence needed for a discharge review depends on the facts of each case. A former Service member should provide documents that support their claim that the discharge was improper or inequitable. Helpful evidence may include investigation reports, military rules and regulations, hearing records, counseling statements, awards, and performance evaluations.

A former Service member may also provide information about their life after discharge. Evidence such as education records, employment history, family responsibilities, treatment records, and proof of good conduct may help support a request for an upgrade. The DRB or BCMR will make its decision based on the military record and any evidence submitted with the application.

You can ask for a hearing when you submit your discharge review application. In many cases, hearings are held in Washington, D.C., and the applicant is responsible for travel costs.

The Army and Air Force may also offer traveling board hearings at military locations closer to applicants when available.

Where you apply for a discharge upgrade depends on the branch of service. Use the VA How to Apply for a Discharge Upgrade to best direct you.