Military Discharge Characterization

Under federal law, all former military members have the right to appeal the characterization of their discharge (10 U.S.C. 1553). Each branch of the military has slightly different appeal procedures, and each handles its own cases (with the exception of the Marine Corps, which shares a discharge review board with the Navy).

Former Servicemembers begin the discharge upgrade process for all branches of service by completing DD-293, Application for the Review of Discharge from the Armed Forces of the United States of America.

While anyone can apply to the appropriate Discharge Review Board (DRB) for a discharge upgrade, or a change in the reason or characterization of the discharge, to be successful, the former servicemember must convince the board that their discharge characterization was "inequitable" or "improper." 

"Inequitable" means the reason or characterization of the discharge is not consistent with the policies and traditions of the service.

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

"Improper" means that the reason or characterization of the discharge is in error (i.e., is false, or violates a regulation or a law).

"Improper" would be: "The discharge is improper because the applicant's pre-service civilian conviction, properly listed on his enlistment documents, was used in the discharge proceedings."  

In addition to the DD-293, former military members should also prepare supplementary documentation to support their discharge upgrade application.

Examples of appropriate supplementary documentation include:

• Character References from friends, co-workers, and employers;
• Diplomas or Certificates;
• Family Responsibility Documents (marriage license, birth certificate);
• Rehabilitation Documents, if applicable; and
• Police Clearance Documentation (proving the absence of a criminal record following service).

ARMY

Apply online with the Army Review Boards Agency.

NAVY and MARINE CORPS

If you are a former sailor or Marine, apply online at Board for Correction of Naval Records.

AIR FORCE

Airmen can begin the application process at the Air Force's Personnel Center.

You have 15 years from the date of your discharge to file with the Discharge Review Board. If the Discharge Review Board denies the application, there is a three-year deadline to apply to a Board for Correction of Military Records or Board for Correction of Naval Records.

You have three years from the date you discovered the incorrect information to apply to a Board for Correction of Military Records. If it is past the three-year deadline you must show the Board that it is in the interest of justice to consider the case (the BCMR generally accepts “interest of justice” arguments and reviews the application on his merits).

A BCMR can change the discharge to or from military retirement or medical discharge; change reenlistment codes; review a Discharge Review Board decision, upgrade a general courts-martial discharge; and make other changes to military records.

The Discharge Review Board looks for two issues. First, did the military follow their own rules when discharging you? If not, this would be an impropriety, and the burden would be on you to show precisely the rule or procedure the military misapplied in your discharge. Second, was the discharge fair after a review of all of the circumstances of the discharge along with the service member’s complete service history? This is referred to as an “equity” review. An example would be receiving an Other Than Honorable Discharge for one offense after several years of honorable service.

The Board for Correction of Military Records looks for evidence of an error or an injustice. These standards are similar to impropriety and equity review used by the Discharge Review Boards.

The evidence required will depend on the facts of each case. The servicemember should present any evidence that supports impropriety or equity arguments. If an impropriety exists, it can often be established through records that are a part of the servicemember’s military personnel file.

Evidence may include investigation records and reports, the text of military rules and regulations, and recordings or transcripts of hearings or meetings. Evidence supporting a servicemember’s member equity arguments may also be found in their military records, including counseling statements, awards and commendations, and performance evaluation. The servicemember may also present evidence of their personal history since they were discharged.

After discharge, a positive history can improve your chances of getting an upgrade. You can show this through obtaining an education and getting a copy of your transcripts. Family responsibility can be established by evidence that a servicemember is married and has children (include marriage certificate and birth certificates in application). The servicemember may also provide evidence of stable employment history through letters from employers. To the extent to which drug or alcohol use contributed to the discharge, proof of completion of a treatment program and evidence of a clean criminal history post-discharge should be included in a discharge upgrade application request.

Applicants for discharge upgrades should remember that the decision is based on a review of military records and any evidence submitted by the application. 

You can request a hearing when submitting your application. In most cases, hearings are held in Washington D.C., and the veteran pays travel expenses. (Army and Air Force applicants may apply for a hearing through a “travel” board which may visit military installations near the applicants).