Discharge Upgrades
Fighting for Your Rights
If you have experienced separation from the military, your DD 214 becomes your resume to future employers. A less-than-honorable discharge can impact your future employment and veterans’ benefits. If you have been dishonorably discharged, our team of military law attorneys will work hard to obtain a military discharge upgrade for you.
Military Discharge Upgrade Process
A service member discharged with either a General (Under Honorable Conditions) or an Other than Honorable (OTH) discharge can petition their service’s Discharge Review Board for an upgrade. Our attorneys will use all available resources to help you achieve a favorable military discharge upgrade.
Several factors that the Board will consider include:
- The reason for the discharge
- Whether you suffer from PTSD/TBI/MST (Military Sexual Trauma)
- Whether the PTSD/TBI/MST reasonably contributed to the
- The length of time that has passed since the discharge
- Your record of community service
- Your employment record
- Your general conduct
- Educational achievements
- Family relationships
- Reference letters
A service member can petition the Discharge Review Board up to fifteen (15) years after their discharge. Each service member is entitled to a documentary review and a personal appearance.
Preparing a Discharge Review Case
Preparing your case for the Discharge Review Board can be challenging. Our attorneys are well-versed in the filing deadlines and procedures. We can help you gather the materials necessary to establish why you qualify for a discharge upgrade. We will work hard on your behalf to seek the outcome you desire.
A military discharge upgrade can open doors and lead to a brighter tomorrow for you and your family. We care about our clients and are committed to providing tenacious and effective representation.
Let us put our proven track record of success to work for you. If you are seeking a military discharge upgrade, we can help.
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Frequently Asked Questions
It is suggested you seek an attorney the moment you are notified of possible disciplinary action. There is a wide range of disciplinary action a service member might face, and the consequences of those actions vary greatly. A military law attorney can discuss the possible consequences, and how best to proceed in your particular case.
Service members have the right to always remain silent. This right is listed in Article 31(b) of the Uniform Code of Military Justice. The natural inclination is to explain why you are not guilty of the allegation. However, the military will always try to use the statement against the service member. For this reason, we always advise clients to exercise their right to remain silent under Article 31(b). The military cannot use your right to remain silent against you.
You always have the right to consult with an attorney. Depending of the type of investigation or disciplinary action, you may also have the right to have an attorney present with you. It is best to discuss your particular situation with a military law attorney to understand if that right applies to you.
Yes, each one of the branches has a Court of Criminal Appeals. If you receive either a punitive discharge or in excess of 1 year of confinement, you have the right to an automatic appeal. Just like at the Court-Martial, you will have be detailed a military appellate defense counsel.
Yes, most service members will be entitled to either an administrative separation board (or, if an officer, a Board of Inquiry). Each branch requires the service member to have been in a certain number of years before they can request to appear before a Board. If you are entitled to a Board, you will have the right to appear with a defense counsel, and present a defense before three Board members.
It depends on what the legal issue, and how you are able to challenge the legal issue. The military law attorneys at FPG have represented service members at trial that resulted in a not-guilty verdict. These clients were able to continue their military career as though the Court-Martial never happened.
The military lawyers at FPG are former Judge Advocates, with years of experience in both the military and on the civilian side. They have been successful in getting their clients acquitted of criminal charges at Court-Martial, and have successfully had Court-Martial convictions overturned on appeal and discharges upgraded.