Hear this first
Many soldiers were put out of the military because of the effects of PTSD, traumatic brain injury, military sexual trauma, depression, or unfair treatment by their leaders, often before anyone diagnosed what was going on. The military now has written rules that tell review boards to take these conditions seriously. Mistakes do not have to define the rest of your life. We do not judge you. We help you take the next step.
Know your discharge
Your character of service is listed in block 24 of your DD-214. It determines which benefits you can get now and which path you take to change it.
| Discharge | How it is given | What it usually means |
|---|---|---|
| Honorable | Administrative | Full eligibility for VA benefits |
| General (Under Honorable Conditions) | Administrative | Most VA benefits, but no GI Bill education benefits |
| Other Than Honorable (OTH) | Administrative | The VA decides eligibility case by case. It can be upgraded. |
| Bad Conduct (BCD) | Court-martial | From a special court-martial, the VA decides case by case. From a general court-martial, benefits are generally barred. |
| Dishonorable | General court-martial | VA benefits are barred. A records correction board can grant clemency. |
| Uncharacterized | Entry-level separation | Within the first 180 days. The VA reviews it based on the circumstances. |
Help you may be able to get right now
Crisis and mental health care
The Veterans Crisis Line (988, then press 1) serves everyone. The VA also provides emergency mental health care to many former service members with an OTH discharge, so you do not need to wait for an upgrade to get help.
VA "character of discharge" review
The VA is not bound by the military's label. When you apply for benefits, the VA makes its own character of discharge determination and may find your service was "honorable for VA purposes." Apply anyway, because the answer may be yes.
Mental health at the time
If a mental health condition affected your conduct during service, the VA can consider that, even when a discharge would otherwise bar benefits.
Help from us and our partners
Whatever your discharge papers say, we help you fill out the forms, gather your records, and connect you with community programs for housing, jobs and support.
Three paths to a second chance
Path 1: Discharge Review Board (DRB)
Each branch has a Discharge Review Board that can upgrade your characterization of service and change the narrative reason for your separation.
- Form: DD Form 293.
- Deadline: within 15 years of your discharge date.
- Who can apply: veterans with an administrative discharge, or a discharge from a special court-martial. The DRB cannot change a discharge from a general court-martial.
- Options: a review of your records only, or a personal appearance hearing (in person or by video) where you can tell your story.
- Tip: if you are denied after a records review, you can still ask for a personal appearance hearing.
Path 2: Board for Correction of Military/Naval Records (BCMR/BCNR)
The highest administrative board in each service. It can correct almost any error or injustice in your record, including your discharge.
- Form: DD Form 149.
- Use it when: it has been more than 15 years since your discharge, the DRB already denied you, you need a change the DRB cannot make (such as a reenlistment code or a medical retirement), or you are asking for clemency for a court-martial sentence.
- Deadline: officially 3 years from when you discovered the error, but the boards routinely waive it "in the interest of justice." Old cases are approved all the time.
Path 3: Clemency and pardons
If you were convicted at a court-martial, there are still ways forward:
- Records correction clemency: the BCMR/BCNR can grant clemency on a court-martial sentence, including the discharge itself, based on your conduct since leaving the service.
- Clemency and parole boards: while you are confined or on parole, each service's Clemency and Parole Board can reduce a sentence or restore you to duty.
- Presidential pardon: pardons for offenses under the Uniform Code of Military Justice (UCMJ) are requested through the Secretary of the military branch that held the court-martial. There is a waiting period after release. A pardon is forgiveness. It does not automatically change your discharge, but it is strong evidence for the boards.
"Liberal consideration": the rules are on your side
Department of Defense guidance (the Hagel, Kurta and Wilkie memos) tells review boards to give liberal consideration to veterans whose misconduct may be connected to PTSD, traumatic brain injury, military sexual trauma, or another mental health condition, even if it was never diagnosed in service. Boards are also told to weigh fairness and clemency factors, such as how much time has passed, your remorse, the severity of the offense, and how you have lived your life since. Veterans discharged under "Don't Ask, Don't Tell" or earlier policies can also apply for an upgrade.
Building a strong application
Boards decide on paper, so what you send matters. Most strong applications include:
Your complete records
Your full Official Military Personnel File (OMPF), service treatment records, and the separation packet that explains why you were discharged. Request these first, because they take time.
Medical evidence
Any diagnosis of PTSD, TBI, depression or other conditions, from the VA, a Vet Center, or a private provider, ideally with an opinion that connects it to your conduct in service.
Your personal statement
Tell the truth about what happened. Take responsibility where it is due, explain what was going on in your life, and describe who you are now.
Proof of life after service
Letters from employers, pastors, family and the people you served with. Include proof of education, work, sobriety or treatment, community service, and a clean background check.
Free legal help
You do not need to pay thousands of dollars. These organizations help with discharge upgrades for free:
- The Veterans Consortium, Discharge Upgrade Program: pairs eligible veterans with free volunteer attorneys.
- National Veterans Legal Services Program (NVLSP), Lawyers Serving Warriors: free representation before review boards.
- Law school veterans legal clinics: many law schools across the country take discharge upgrade cases at no cost.
- Accredited Veterans Service Organizations: many can help you prepare and file DD Forms 293 and 149.
- The Fallen Soldiers Organization: we help you gather records, organize evidence, write your statement, and fill out DD Forms 293 and 149. We also partner with legal counsel who can review your case and represent you.
Common questions
It has been 20+ years. Is it too late?
No. Once the 15-year DRB window has passed, you apply to your service's BCMR or BCNR, which regularly waives its deadline. Some of the most successful applications come from veterans who have spent decades rebuilding their lives.
I really did break the rules. Can I still get an upgrade?
Yes, it is possible. Upgrades are not only for people who did nothing wrong. Boards consider whether the discharge was too harsh, whether a mental health condition played a role, and who you have become since. Honesty and accountability strengthen your case.
Will an upgrade give me back my benefits?
An upgrade to Honorable or General generally opens most VA benefits. Only an Honorable discharge qualifies you for GI Bill education benefits. Even before an upgrade, apply to the VA, because its own character of discharge review may already find you eligible.
What if I was denied before?
You can ask the board to reconsider if you have new evidence or arguments, such as a new diagnosis, or the liberal consideration guidance that may not have existed at the time. A denial from the DRB can also be taken to the BCMR/BCNR.
It's not the end. Let's start your comeback.
Tell us your story, with no judgment. We will help you understand your options and take the first step.