Military Discharge Upgrade Lawyer: Reclaim Your Future with Confidence
A less-than-honorable discharge can have lasting consequences, limiting career opportunities, preventing access to vital veterans’ benefits, and creating unnecessary hardship. At National Security Law Firm, we believe in giving veterans a second chance by helping them fight for the discharge upgrade they deserve.
If you’re considering a discharge upgrade, we want you to know two things: (1) It’s worth it, and (2) we are committed to transparency. If your case has a strong chance of success, we’ll fight relentlessly on your behalf. If it doesn’t, we’ll be the first to tell you—because we don’t believe in wasting your time or money.
A Financially Smart Decision: How a Discharge Upgrade Pays for Itself
Many veterans hesitate to pursue a discharge upgrade, worrying about legal costs. But failing to act can cost you far more over your lifetime. A successful upgrade can unlock benefits such as the GI Bill (valued at over $80,000), VA home loans with zero down payment, VA disability compensation, healthcare, and federal employment opportunities. These benefits alone can be life-changing and dramatically improve your financial well-being. Below we will walk you through the estimated financial value of each of these benefits over the course of your lifetime, showing how an upgrade is not just a legal win but a long-term financial investment in your future.
To make this process accessible, we offer flexible legal financing, allowing you to spread payments over 3 to 24 months through Affirm—so you can invest in your future without financial strain. And if we are not successful in upgrading your discharge or reentry code, we will refund 25% of your legal fees. We do this because we believe in standing behind our work and sharing the risk with our clients. We know how important a discharge upgrade is to your future, and we are committed to providing honest, results-driven representation. If we don’t succeed, you shouldn’t bear the full financial burden. This is just one way we demonstrate our dedication to transparency and fairness.
Why Choose Us?
- Unmatched Experience: Our military discharge upgrade lawyers know the system inside and out, with decades of combined experience advocating for veterans nationwide.
- Relentless Advocacy: We leave no stone unturned in building a compelling case for your upgrade, ensuring every relevant piece of evidence is presented.
- Honest Assessments: We don’t sugarcoat the odds. If your case has little chance of success, we’ll tell you upfront—saving you time, money, and frustration.
- Nationwide Representation: Wherever you are, we can help. And if your case requires a hearing, our Washington, D.C. location means we’re already where we need to be.
Read on to learn more about the different types of discharges, the long-term impact of each, the process for upgrading your discharge, and the specific financial benefits that come with an upgrade. We’ll also break down how we build strong cases, what factors improve your chances of success, and how you can get started today.
Types of Military Discharges
There are various types of military discharges. Below is a general description of each type of discharge along with some of the effects that type of discharge may have on future education, benefit, and/or employment opportunities. For a more detailed analysis of the benefits that are available to you depending on your discharge type, you can also view a chart of the Benefits at Separation.
Honorable Discharge. An Honorable Discharge is the highest-level of discharge that a service member can obtain. It reflects a service member who has served with distinction. Those who receive an Honorable Discharge will receive all rights and benefits afforded to veterans.
General, Under Honorable Conditions. A person discharged with a General, Under Honorable Conditions discharge will be seen by employers as having potential problems with discipline and conduct. Thus, most employers would look upon an individual with a General discharge less than favorably. In addition, if you have been discharged with a General discharge, some benefits will be lost, including the GI Bill. If you were discharged with a General discharge, you are eligible for review with your service’s Discharge Review Board (DRB). You may strongly want to consider hiring a discharge upgrade lawyer to increase your chances of obtaining an upgrade to an Honorable Discharge.
Other Than Honorable. A person who is discharged with an Other Than Honorable (OTH) will be viewed by potential employers as having substantial problems with discipline and conduct. Most, if not all, employers would therefore avoid hiring these individuals, thus making it difficult to find meaningful employment. In addition, persons discharged with an OTH will lose out on significant benefits. If you have been discharged with this type of discharge you might feel as though you have been short changed or cheated by the government. You are, however, eligible for review with your service’s Discharge Review Board (DRB). You may strongly want to consider hiring a discharge upgrade lawyer to increase your chances of obtaining an upgrade. In some cases, a discharge upgrade lawyer will be able to upgrade you from an OTH to an Honorable. In other cases, you might only be able to obtain an upgrade from an OTH to General. Our discharge upgrade lawyers will fight for the highest possible discharge level. Each individual case will vary. Even in those scenarios where it is only possible to upgrade you to a General (as opposed to an Honorable), however, it is important to keep in mind that there are many benefits that you can obtain with a General that you cannot otherwise receive with an OTH, as can be seen on the Benefits at Separation Chart.
Bad-Conduct, Dishonorable, or Dismissals. Bad Conduct, Dishonorable, or Dismissal discharges are considered punitive. Employers will stigmatize and look disfavorably upon these individuals. Bad-conduct discharges from a special court-martial conviction can be upgraded by the DRB. Discharges that result from a general court-martial conviction, however, are not eligible for an upgrade by the DRB. If you received a general court-martial discharge or if you want to change your discharge to or from medical retirement or medical discharge,you will have to apply to the Board for Correction of Military Records.
Uncharacterized/Entry-Level Separation. This type of discharge is used when the service member has less than six months of service. While this discharge is technically not an adverse determination, stigma can nonetheless result from this discharge as the service member may be viewed as someone who lacked the ability and/or motivation to finish basic training. Although upgrading these discharges is difficult, it is possible.
Why Upgrade My Discharge?
There are multiple reasons for wanting to update a discharge. Some of these reasons include:
- Greater career or job prospects;
- Increased educational benefits;
- To mitigate issues in the security clearance application process;
- To restore your reputation;
- To obtain federal or state employment;
- To obtain Veteran’s Affairs benefits; and/or
- To obtain compensation for service-connected illnesses and injuries.
Your less-than-favorable discharge ranking can negatively impact each of the above-mentioned considerations. Thus, it is important that you try to obtain the best possible discharge in order to ensure that you set yourself up for future success in terms of your career and ability to obtain benefits.
Your record of service, or Certificate of Release or Discharge from Active Duty (DD-214 or NGB-22, if National Guard), should reflect the most honorable discharge level possible. Those military members who leave the service with anything less than an Honorable Discharge often face reduced job prospects and either reduced or eliminated benefits.
Many veterans who seek upgrades have gone on to live exemplary lives since their discharge and are frustrated by the fact that they are being discriminated against based on a single incident that might have occurred at a young age. Whether the underlying discharge was due to a criminal violation, such as drugs or theft, or some other reason altogether, employers might be hesitant to hire such individuals. In today’s competitive job market, even if such incidents happened years ago, discharged veterans are at a disadvantage.
Those who can obtain an upgrade are more likely to obtain better jobs, plain and simple. In addition, they are able to obtain benefits, such as the GI Bill, which can enable them to pursue educational opportunities.
Why a Military Discharge Upgrade is One of the Smartest Financial Investments You Can Make
At National Security Law Firm, we know that a bad discharge can cost you hundreds of thousands—if not millions—of dollars over your lifetime in lost benefits, job opportunities, and career growth. Yet, many veterans hesitate to pursue a discharge upgrade because they’re worried about the cost.
Here’s the truth: The financial benefits of a discharge upgrade far outweigh the cost. In most cases, the return on investment (ROI) is staggering. Let’s break it down in real numbers.
What a Bad Discharge is Costing You—By the Numbers
1. VA Healthcare Benefits: $1,000 – $20,000+ Per Year
Veterans with an Honorable or General (Under Honorable Conditions) discharge qualify for free or low-cost healthcare through the VA. Without a discharge upgrade, you may be paying thousands per year in medical expenses that could be covered.
- Example: A veteran without VA healthcare coverage pays $500 per month in private health insurance. That’s $6,000 per year—or $60,000 over 10 years.
- Example: A veteran needs knee surgery. Without VA coverage, the cost is $15,000 – $30,000 out of pocket. With VA coverage, it’s covered.
Total Potential Loss: $1,000 – $20,000+ per year
2. VA Disability Compensation: $50,000 – $1,000,000+ Over a Lifetime
If your discharge is preventing you from accessing VA disability benefits, you could be missing out on $1,500 – $4,000 per month in tax-free compensation.
- Example: A veteran with PTSD or service-connected injuries could qualify for a 70% VA disability rating, worth approximately $1,900 per month. That’s $22,800 per year or $228,000 over 10 years.
- Example: A veteran with a 100% disability rating could receive over $4,000 per month tax-free—that’s nearly $50,000 per year. Over 20 years, that’s $1,000,000+ in lost compensation.
Total Potential Loss: $50,000 – $1,000,000+ over a lifetime
3. VA Home Loan Benefits: $20,000 – $100,000+ in Savings
VA loans let you buy a home with no down payment and no private mortgage insurance (PMI), which can save tens of thousands of dollars.
- Example: A veteran buying a $300,000 home with a VA loan avoids a 5% down payment ($15,000) and PMI costs ($200 per month for 5 years = $12,000).
- Example: VA loan interest rates are 0.5% – 1% lower than conventional loans, which could save $30,000+ over the life of a mortgage.
Total Potential Loss: $20,000 – $100,000+
4. Federal Job Opportunities: $100,000 – $1,000,000+ Over a Career
Many federal and state jobs require an Honorable or General discharge—and these jobs offer high salaries, lifetime benefits, and pensions.
- Example: A GS-7 federal job starts at $45,000 – $60,000 per year with raises and promotions. Over a 20-year career, that’s $1,000,000+ in earnings.
- Example: Military retirees with an upgraded discharge can add military time to federal retirement, increasing pension payouts by $10,000 – $20,000 per year.
Total Potential Loss: $100,000 – $1,000,000+ over a career
5. GI Bill & Tuition Assistance: $50,000 – $300,000+ in Education Benefits
The Post-9/11 GI Bill covers full tuition, housing allowance, and stipends—but you need an eligible discharge to access it.
- Example: A veteran attending college on the GI Bill gets $25,000 per year in tuition + $1,800 per month in housing benefits. Over 4 years, that’s $100,000 – $200,000 in education benefits.
- Example: A veteran denied GI Bill benefits pays $50,000+ out of pocket for college.
Total Potential Loss: $50,000 – $300,000+
TOTAL FINANCIAL BENEFIT OF A DISCHARGE UPGRADE
If you add up all these benefits, a discharge upgrade could be worth anywhere from:
💰 $200,000 – $2,000,000+ Over a Lifetime
And yet, the cost to upgrade your discharge is just $7,500—or as low as a couple hundred dollars per month with financing.
Reasons Why A Discharge Could Be Upgraded
Discharge upgrades can be granted for a variety of reasons, often focusing on factors related to a veteran’s service, circumstances surrounding the discharge, and the impact on their post-service life. Here are many potential reasons a discharge upgrade might be granted:
1. Mental Health Conditions
- Evidence that the service member was suffering from mental health conditions, such as PTSD, depression, or anxiety, that affected their behavior during service.
- Mental health conditions resulting from service-related trauma that were not properly diagnosed or treated at the time.
- Behavioral issues related to traumatic brain injury (TBI) or other neurological conditions sustained in service.
2. Improper or Unjust Process
- Procedural errors in the discharge process that violated military regulations.
- Evidence that due process rights were denied, such as lack of legal representation or inadequate opportunity to defend against allegations.
- Inadequate or biased investigations leading to the discharge.
3. Character Evidence of Positive Service
- Evidence of exemplary or honorable service prior to the incidents leading to discharge.
- Statements from commanding officers, peers, or others attesting to the service member’s positive character and contributions.
- Awards, commendations, or special recognitions demonstrating good conduct.
4. Misconduct Related to Mental Health or Service-Related Issues
- Behavioral incidents directly tied to mental health conditions such as PTSD or TBI.
- Evidence that the misconduct was a result of a service-connected disability or stressors from service, including combat or deployments.
5. Discrimination or Unfair Treatment
- Racial, gender, sexual orientation, or religious discrimination that impacted the discharge decision.
- Evidence that the service member was treated unfairly compared to others in similar situations due to discriminatory factors.
6. Sexual Assault or Harassment-Related Trauma (MST)
- Misconduct or behavioral issues resulting from military sexual trauma (MST) that was not addressed or understood at the time.
- Evidence that the discharge was related to the victim’s reporting of sexual assault or harassment, resulting in retaliation.
7. LGBTQ-Related Discharges
- Discharges issued under “Don’t Ask, Don’t Tell” or other policies banning LGBTQ individuals from serving.
- Evidence that the discharge was due to sexual orientation or gender identity discrimination.
8. Substance Abuse Disorders Related to Service
- Evidence that any substance abuse issues were related to coping mechanisms for PTSD, depression, or other service-related trauma.
- Documentation that the service member sought treatment or struggled with addiction issues stemming from service.
9. Documentation of Rehabilitation and Post-Service Conduct
- Evidence that the veteran has shown good character and rehabilitation since discharge, such as steady employment, volunteer work, or community involvement.
- Documentation of counseling, therapy, or treatment that demonstrates a commitment to overcoming previous issues.
10. Inequity in the Discharge Outcome
- Comparison with other service members who committed similar offenses but received a more favorable discharge.
- Evidence of inconsistency in punishment or harsher consequences without justification.
11. Age or Immaturity at the Time of Service
- Discharges influenced by immaturity or lack of life experience, especially if the misconduct was relatively minor or isolated.
- Evidence showing the service member’s growth and development since the time of discharge.
12. Medical Conditions Affecting Behavior
- Medical or physical conditions that impaired the service member’s performance or behavior but were unaddressed at the time.
- Documentation showing that the behavior resulting in discharge was due to unrecognized or untreated medical issues.
13. Administrative Errors
- Incorrect categorization of discharge due to administrative errors or lost documentation.
- Incomplete records or lost files that may have affected the fairness of the discharge outcome.
14. New or Revised Military Policies
- Changes in military policies or standards that would render the original discharge unjust or outdated.
- Retroactive policy changes that now recognize issues like mental health, sexual orientation, or PTSD as mitigating factors.
15. Evidence of Coercion or Undue Pressure
- Proof that the service member was coerced into signing discharge paperwork or was not fully informed of the consequences.
- Evidence that undue pressure from superiors led to the decision, especially if the service member was discouraged from defending themselves.
16. Legal Precedent or Case Law Supporting Upgrade
- Legal rulings or case law establishing precedent for discharge upgrades in similar situations.
- Any recent decisions by military review boards that align with the service member’s circumstances.
17. Family or Personal Hardships at the Time of Service
- Hardships or traumatic events (e.g., family deaths, abuse) that impacted the service member’s ability to perform or cope during service.
- Evidence of extenuating circumstances affecting their behavior or performance that led to the discharge.
18. Impact on Veteran’s Ability to Access Benefits
- Evidence that the discharge unfairly prevents access to benefits like healthcare, education, or housing.
- Documentation of financial hardship or health issues exacerbated by lack of VA benefits due to the discharge.
19. Change in Medical or Mental Health Diagnoses
- New diagnoses post-discharge that explain or clarify behaviors that were misunderstood at the time.
- Updated medical evidence showing a clear link between the veteran’s health and the conduct leading to discharge.
20. Recommendations from Mental Health Professionals or Counselors
- Letters or evaluations from mental health professionals or counselors supporting an upgrade.
- Evidence showing that the veteran is now stable and contributing positively to society with professional support.
These reasons reflect common situations in which veterans might qualify for discharge upgrades, but each case is unique, and supporting evidence is essential.
What Makes a Strong vs. Weak Discharge Upgrade Case?
Not all discharge upgrade cases are created equal. Some have compelling legal and factual grounds for an upgrade, while others face significant challenges. At National Security Law Firm, we don’t waste your time or money—we give you a straightforward, honest assessment of your case from day one. Here’s what factors make a case strong or weak.
What Makes a Strong Discharge Upgrade Case?
A strong case is one that presents clear evidence that the discharge was improper or inequitable. This means there was either a legal error in how the discharge was handled or the punishment was unfairly harsh based on the circumstances. Factors that strengthen a case include:
✅ Mental Health Conditions & Service-Related Trauma
- Documented PTSD, TBI, or depression linked to military service.
- VA disability rating or medical records showing a direct connection between service-related trauma and the behavior that led to discharge.
- Expert evaluations from psychiatrists, psychologists, or doctors confirming service-related mental health struggles.
✅ Military Sexual Trauma (MST) & Retaliation
- Proof of retaliation for reporting sexual assault or harassment.
- Evidence that MST-related trauma, depression, or substance abuse led to the discharge.
✅ Substance Abuse Related to Mental Health Issues
- Medical records showing drug or alcohol use was a symptom of PTSD, depression, or anxiety rather than misconduct.
- Proof of rehabilitation efforts (treatment programs, therapy, AA/NA participation).
✅ Administrative Errors & Due Process Violations
- Failure to provide legal representation or violations of military regulations during the discharge process.
- Incorrect paperwork or missing documentation that misrepresents your service history.
✅ Positive Character Evidence & Post-Service Rehabilitation
- Strong letters of support from commanding officers, fellow service members, employers, or community leaders.
- A clean post-service record, stable employment, higher education, or volunteer work.
✅ Outdated or Discriminatory Discharges
- LGBTQ-related discharges under outdated policies like “Don’t Ask, Don’t Tell.”
- Discharges influenced by racial, gender, or religious discrimination.
✅ Discharges That Are Now Considered Too Harsh
- Punishments that would be treated more leniently under current military policies.
- Evidence of other service members receiving lighter punishments for similar conduct.
✅ Filing Within 15 Years of Discharge
- If your discharge occurred within 15 years, you can apply to the Discharge Review Board (DRB), which has higher success rates.
- After 15 years, you must go through the Board for Correction of Military Records (BCMR), which has stricter legal standards.
What Makes a Weak Discharge Upgrade Case?
A weak case lacks clear legal grounds for an upgrade, relies on insufficient evidence, or faces significant legal hurdles. Here are the common factors that make a case weaker:
❌ No Supporting Documentation
- Simply stating that your discharge was “unfair” or “too harsh” without evidence won’t get results.
- If you don’t provide medical records, service documents, or statements from witnesses, your case is much weaker.
❌ Multiple or Severe Misconduct Incidents
- If your discharge resulted from a pattern of misconduct (e.g., multiple AWOLs, repeated DUIs, or violent offenses), it will be harder to argue inequity.
- Certain convictions, like sexual assault, major fraud, or violent felonies, are rarely upgraded.
❌ Court-Martial Convictions (Especially General Court-Martial)
- Special court-martial discharges can sometimes be upgraded, but general court-martial discharges cannot be upgraded by the DRB.
- If you were discharged due to a general court-martial conviction, your only option is the BCMR, which has a lower success rate.
❌ No Connection to Mental Health or Discrimination Factors
- If your discharge was due solely to voluntary misconduct, poor performance, or failure to adapt, and there is no evidence of PTSD, TBI, discrimination, or an unfair process, your case is weaker.
❌ Waiting Too Long to Apply (Over 15 Years Post-Discharge)
- Once 15 years have passed, you can no longer apply to the Discharge Review Board (DRB) and must go to the BCMR, which is much harder to win.
- Lost records, unavailable witnesses, and fading memories can make it harder to prove your case.
Not Sure If You Have a Strong Case? We’ll Tell You the Truth.
At National Security Law Firm, we don’t waste your time or money. If we don’t think you have a strong case, we tell you upfront—no false promises, no wasted effort.
But if you do have a strong case, we go all in to fight for the results you deserve.
📞 Book a free consultation today—we’ll review your case, assess your chances, and build the strongest legal strategy possible. Time is critical—the sooner you act, the better your odds of success.
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What is the Procedure for Obtaining an Upgrade?
You can apply to the Discharge Review Board (DRB) of your branch of the service for a discharge upgrade or a change in the discharge reason (that is, character of service). Each service branch has its own DRB, which is tasked with evaluating discharge upgrade requests.
The procedures for upgrading discharges are governed by service regulations and can be complex and cumbersome. While the DRBs for each service are different, they all follow the same general guidance from the Department of Defense. However, each DRB each has its own distinct process for filing an upgrade.
So long as your discharge was not part of a general courts-martial, the applicable DRB has the authority to review your discharge. In doing so, the DRB may examine, change, modify or correct the characterization of service and the for your discharge.
The first step in requesting an update is to complete an Application for Review of Discharge From the Armed Services of the United States (or DD-293). You can obtain this form online, but just make sure you are using the most updated version of this form. It is important to be thorough when completing this form, as any issues that you fail to list cannot be considered by the board, even if you or your attorney tries to raise them later on.
In order to complete your application, you should first request a complete copy of your military and any relevant medical records so that you can submit them with your application. You can obtain these records through the Veterans’ Service Records section of the National Archives and Records Administration website. Obtaining the records may take weeks, or even months in some cases. In practice, often a second request for records may be necessary if the service fails to provide complete records. It is also recommended that you include language referring to the Freedom of Information Act (FOIA) in any record requests from the armed forces.
Should you retain us to represent you in the upgrade process, our discharge upgrade lawyers will request and obtain the requisite files on your behalf. We will then complete your application. In addition to completing the DD-239 and enclosing relevant medical and/or military issues that relate to your upgrade request, we will also draft a persuasive and comprehensive legal brief going over all of the reasons why you deserve an upgrade as well as a Statement of Material Contentions (a legal document that lays out the issues we want the DRB to address).
In addition, we may submit any of the following documentary evidence, as applicable: Military records; Medical records; Records showing rehabilitation for drug or alcohol abuse; Good performance reviews; A statement from the service member; Statements from other services members that you served with (the higher the rank, the better); Character reference letters (these can be from friends, family members, employers, clergy, etc.); Educational records; Post-service employment records; Credit reports; Family responsibility documents (birth and marriage certificates, etc.); Awards; Criminal record reports; and/or Volunteer, charitable, or donation records.
When requesting an upgrade, the burden is on the discharged veteran to prove that an upgrade is warranted. To get your discharge upgraded or your character of service changed, you will need to demonstrate that your discharge was either “improper” or “inequitable.” An improper discharge means that the discharge was based on factually incorrect information or was inconsistent with the law. An inequitable discharge means that the discharge was unfair or was inconsistent with the traditions and policies of the service. An example of a discharge that qualifies for an upgrade might be that a veteran served honorably and had a single bad incident or was abusing drugs or alcohol as a means of self-medicating post-traumatic stress disorder.
In considering whether to grant you an upgrade, the DRB can consider the circumstances surrounding your discharge, your service record in its entirety, whether the discharge was fair and proper, as well as your life outside of the military.
Despite some common misconceptions, you should know that discharge upgrades are never automatic. While having Post Traumatic Stress Disorder (PTSD) and a Traumatic Brain Injury (TBI) might improve your chances of obtaining an upgrade, there is no guarantee.
Discharge Upgrade Hearings – On the DD-293 application, you will be asked whether you would like the DRB to decide your case on the papers or whether you would like an in-person hearing. If you ask for the DRB to decide your case on the papers, without a hearing, and they subsequently deny your request for an upgrade, you can then submit a request for a hearing. This allows you to get two chances at a favorable decision.
If a hearing is required in your matter, it will take place in Washington, D.C. The hearing will take place before the DRB, which usually consists of five officers. At the hearing, you can testify if you choose to. If you choose to testify under oath, the board can ask you questions. In lieu of testifying under oath at the hearing, you can submit a written statement to avoid being questioned by the board under oath.
At the conclusion of the hearing, each board member will vote. Your upgrade request will be granted if the majority votes in favor of the upgrade. If you are granted an upgrade, you will receive a new DD-214 as well as a copy of the board’s decision. If you are denied an upgrade, you will receive a letter from the board explaining their decision.
If your request was denied, you can appeal the DRB’s decision to the Board of Corrections for Military Records (BCMR) using DD-Form 149.
How Long Does the Process Take? The discharge upgrade process is not quick. In fact, most discharge cases take between several months to 24 months to complete. Unfortunately, even if you hire a discharge upgrade lawyer, your case will still take this long to process. This is because all boards currently have significant backlogs. Thus, while having an experienced discharge upgrade lawyer will drastically help with the presentation and persuasiveness of your case, it, unfortunately, will not speed up the process.
Is There a Time Limit to Request an Upgrade? You should always be mindful of your discharge date. In most cases, you need to file a petition for an upgrade within 15 years of your discharge. Once your discharge turns 15 years old, your chances of obtaining an upgrade are significantly reduced since it can no longer be requested through the DRB after 15 years. After 15 years, you would need to request a “correction” to your military records through the Board of Corrections for Military Records (BCMR).
Likelihood of Success: What You Need to Know
The success rate for military discharge upgrades varies widely based on multiple factors, including the branch of service, the nature of the discharge, and the strength of the case. While obtaining an upgrade can be challenging, the right legal strategy, strong supporting evidence, and expert representation can significantly improve your odds.
General Success Rates: How Often Are Discharge Upgrades Approved?
Historically, success rates for discharge upgrade applications have been low. For example:
- In 2013, the Army’s approval rate was a shocking 3.7%—meaning fewer than 4 out of every 100 applicants were successful.
- By 2014, after increased public and legal scrutiny, that rate rose to 45% for PTSD-related cases, demonstrating that compelling cases can achieve results.
However, approval rates vary dramatically depending on the type of discharge, the evidence presented, and the policies of each military branch.
What Increases the Likelihood of Success?
The strongest cases have clear legal and factual grounds for an upgrade, including:
✅ Mental Health-Related Discharges (PTSD, TBI, Depression, MST)
- Applications citing service-related mental health conditions have higher success rates, particularly when supported by VA medical records or expert evaluations.
- The Department of Defense (DoD) has publicly acknowledged that untreated PTSD and TBI can lead to disciplinary actions that don’t reflect a service member’s true character.
✅ LGBTQ+ Discharges & Outdated Policies
- Veterans discharged under discriminatory policies like “Don’t Ask, Don’t Tell” or for gender identity reasons have seen favorable outcomes, with over 800 cases proactively upgraded by the military.
- Similar reviews have been conducted for service members discharged due to racial or religious discrimination.
✅ Administrative Errors & Procedural Violations
- If a service member was discharged without due process, proper legal representation, or in violation of regulations, an upgrade is more likely.
- Many discharges issued under old, overly harsh policies have been successfully overturned.
✅ Strong Post-Service Rehabilitation Evidence
- Veterans who demonstrate a positive post-service record—such as steady employment, higher education, volunteer work, and community involvement—have a stronger case for an upgrade.
- Character references from former commanding officers, employers, and community leaders can make a significant impact.
Branch-Specific Variations: How Each Service Handles Discharge Upgrades
Each military branch has different review board policies that affect success rates:
🔹 Army & Air Force: Historically, higher success rates than other branches, particularly for mental health-related cases.
🔹 Navy & Marine Corps: Known to be more stringent, but decisions are typically rendered faster than other branches.
🔹 Coast Guard: Fewer cases, but tends to follow the lead of DoD policies on mental health and administrative errors.
The Burden of Proof: Why Most Applications Fail
One of the biggest reasons discharge upgrade requests are denied is that applicants fail to meet the burden of proof.
❌ Mistake #1: Submitting a generic or incomplete application—a simple DD-293 form and a few character reference letters are NOT enough.
❌ Mistake #2: Failing to provide medical records, mental health evaluations, or evidence of an unfair discharge process.
❌ Mistake #3: Not presenting a strong, well-structured legal argument—the DRB assumes your discharge was correct unless you prove otherwise.
A successful application requires:
✔️ Legal arguments tailored to the DRB’s decision criteria.
✔️ Strong supporting documentation (medical records, FOIA requests, witness statements).
✔️ A strategic approach to hearings, when applicable.
Why Work With NSLF? Our Success Rate is Nearly Double the National Average
At National Security Law Firm, we specialize in discharge upgrade cases—and we win them.
📌 National average success rate: Roughly 30% across all cases.
📌 NSLF success rate: Approximately 50%—nearly double the national average.
Why? Because we don’t just submit forms—we build ironclad cases backed by evidence, expert analysis, and legal advocacy. And if we don’t succeed? We refund 25% of your legal fees.
Should I Hire a Discharge Upgrade Lawyer?
Hiring a discharge upgrade lawyer can be a big decision. You might be wondering whether it is worth hiring a discharge upgrade lawyer at all or you might be wondering how to find the right discharge upgrade lawyer.
In order to determine whether it makes financial sense to hire a discharge upgrade lawyer to handle your case, you will want to consider the likelihood of being upgraded. If your chances are slim and your finances are tight, for example, it might not make sense to pursue a discharge upgrade lawyer. If, on the other hand, you have a good chance at obtaining an upgrade, and such an upgrade would help in terms of broadening future employment opportunities or increasing benefits available to you, then hiring a discharge upgrade lawyer would probably be a wise investment.
Our discharge upgrade lawyers offer free (no pressure) consultation specifically to help you evaluate these factors. We will properly evaluate your case and provide open and honest feedback – even if that means telling you that your chances are slim.
That being said, if your chances of obtaining an upgrade are high and you truly wish to reduce the stigma associated with your discharge, then you should most definitely consider hiring a discharge upgrade lawyer. For the reasons discussed above, your DD-214, which contains a summary of your service and lists your discharge characterization, is quite possibly the most important document you may ever receive. Your DD-214 can benefit you substantially when you seek future education and employment. However, if your DD-214 contains negative discharge information, it can severely adversely affect your future opportunities.
Having an experienced discharge upgrade lawyer make a persuasive, organized, and comprehensive presentation and argument to the board can mean the difference between obtaining an Honorable upgrade or obtaining no upgrade at all. A discharge upgrade lawyer will review all of the relevant records and formulate an argument on your behalf. Moreover, they will have the experience to know which types of arguments work with the board and which don’t. They also know how to persuasively present your case to the board – both in writing at and a hearing.
Moreover, beyond merely filling out the DD-293, your discharge upgrade lawyer will request and review relevant records, gather other documentary evidence, draft an accompanying legal brief and prepare for your hearing before the board. This is a significantly time consuming process.
How Much Do Military Discharge Upgrade Lawyers Charge?
At National Security Law Firm, we believe in transparent pricing, clear expectations, and real accountability. That’s why we charge a flat fee of $7,500 for our discharge upgrade services—no hidden fees, no surprise costs. And here’s what sets us apart: if we are not successful in upgrading your discharge or reentry code, we refund 25% of that fee—$1,875—back to you.
What Does “Success” Mean?
We define success as securing a meaningful upgrade to your discharge status or reentry code that provides tangible benefits. That means:
✅ Upgrading your characterization (e.g., from Other Than Honorable to General, or from General to Honorable)
✅ Securing a change to your reentry code that allows you to reenlist or improves future employment opportunities
✅ Obtaining a change in the reason for separation that removes negative career or benefit barriers
If we don’t achieve one of these results, you get $1,875 back—guaranteed.
Why Do We Offer This?
Because we believe in fairness and results. If we take your case, it’s because we believe you have a strong chance of success. And unlike other firms that take your money no matter the outcome, we put our money where our mouth is. If the process doesn’t deliver a meaningful change, we share the risk with you.
Flexible Payment Options
We also understand that legal fees can be a challenge, which is why we offer legal financing through Affirm, allowing you to break payments into 3, 6, 12, or 24 months. For example, if you finance over 24 months, your payments could be as low as $312.50 per month—a small investment for life-changing benefits.
Bottom line: With NSLF, you get a flat-fee, a built-in refund guarantee, and flexible payment options—so you can move forward with confidence. Book a free consultation today to see if a discharge upgrade is possible for you.
Top Mistakes People Make When Seeking a Military Discharge Upgrade
Applying for a military discharge upgrade is a high-stakes legal process, and even small mistakes can ruin your chances of success. Many veterans unintentionally sabotage their own applications by making avoidable errors. At National Security Law Firm, we’ve seen it all—and we know how to help you avoid these common pitfalls.
🚨 Mistake #1: Submitting a Weak or Incomplete Application
The biggest mistake veterans make is submitting an incomplete or poorly developed application. A generic request with no supporting evidence, legal arguments, or documentation almost always results in a denial.
✅ How to Avoid It:
✔️ Your application must include a compelling legal argument that proves your discharge was improper or inequitable.
✔️ Gather supporting records like service records, medical documentation, character references, and mental health evaluations.
✔️ Submit a well-written legal brief explaining why you deserve an upgrade.
💡 Pro Tip: The Discharge Review Board (DRB) assumes your discharge was correct unless you prove otherwise—so a simple “I deserve an upgrade” won’t cut it.
🚨 Mistake #2: Not Providing Medical or Mental Health Evidence
Many veterans have a strong case for an upgrade due to PTSD, TBI, depression, or substance abuse related to service, but they fail to include official medical evidence.
✅ How to Avoid It:
✔️ Obtain VA disability ratings, medical records, or mental health evaluations linking your condition to your service.
✔️ Get a letter from a licensed psychologist, psychiatrist, or doctor supporting your case.
✔️ If you don’t have documentation yet, we help you obtain the necessary records before filing.
💡 Pro Tip: DRBs and BCMRs are more likely to upgrade discharges if there’s evidence that mental health conditions or service-related trauma played a role.
🚨 Mistake #3: Not Requesting a Hearing (or Going Unprepared)
Many veterans choose “records review only” on their application because they don’t want to appear before a board. Big mistake. A hearing gives you a second chance at approval if your written application is denied.
✅ How to Avoid It:
✔️ Always request a hearing. If your case is denied on paper, you can still fight back in person.
✔️ If you get a hearing, prepare properly—you need a strong legal strategy and solid supporting evidence.
✔️ Work with an experienced military discharge upgrade lawyer who can present your case persuasively.
💡 Pro Tip: Our team attends hearings in Washington, D.C., for you—so you don’t have to worry about travel or legal strategy.
🚨 Mistake #4: Waiting Too Long to Apply
Most veterans don’t realize that there’s a 15-year deadline to apply for a discharge upgrade with the Discharge Review Board (DRB). If you wait too long, you’ll have to go through the Board for Correction of Military Records (BCMR), which has a lower success rate and stricter rules.
✅ How to Avoid It:
✔️ Apply as soon as possible—the sooner you act, the better your chances.
✔️ Don’t assume you have “plenty of time”—records get lost, witnesses become unavailable, and deadlines sneak up fast.
💡 Pro Tip: If your discharge is older than 15 years, you may still have options, but the legal process is more difficult. Call us to discuss your options.
🚨 Mistake #5: Assuming You Have No Case Without Checking First
Many veterans assume their discharge can’t be upgraded—and they never even try. Others assume past denials mean they can’t reapply. The truth? New evidence, legal arguments, or military policy changes can open the door to an upgrade—even if you were denied before.
✅ How to Avoid It:
✔️ Get a professional case evaluation—we tell you upfront if you have a strong case.
✔️ Even if you’ve been denied before, we assess whether new evidence or legal strategies can change the outcome.
✔️ Don’t assume—get expert legal advice first.
💡 Pro Tip: If you were discharged under outdated policies (such as LGBTQ discrimination, PTSD-related misconduct, or racial bias), you may now qualify for an upgrade even if you didn’t before.
🚨 Mistake #6: Hiring the Wrong Lawyer (or No Lawyer at All)
Most discharge upgrade denials come down to one thing: poor legal representation. Veterans who go in alone or hire an inexperienced attorney often lose out on the benefits they rightfully deserve.
✅ How to Avoid It:
✔️ Hire a lawyer who specializes in military discharge upgrades—not just any attorney.
✔️ Work with a firm that knows how to win these cases, not one that just “takes your money and files a form.”
✔️ Choose a firm that offers a refund guarantee if your upgrade isn’t successful (we refund 25% of our flat fee if we don’t win your case).
💡 Pro Tip: NSLF is one of the only firms that shares the risk with you. If we don’t secure an upgrade, we refund 25% of your legal fees. That’s how confident we are in our process.
🚨 Mistake #7: Failing to Show Post-Service Rehabilitation
A common misconception is that the DRB or BCMR only looks at what happened in the military. In reality, they care just as much about what you’ve done since your discharge.
✅ How to Avoid It:
✔️ Provide evidence of steady employment, community service, higher education, or a clean criminal record.
✔️ Get character references from employers, mentors, clergy, or community leaders.
✔️ Show proof of rehabilitation (e.g., sobriety programs, therapy, mental health treatment).
💡 Pro Tip: Your past doesn’t define you. If you’ve turned your life around, we help you prove that to the review board.
Military Discharge Upgrade: Is It Worth It?
If you have a strong case for a military discharge upgrade, the financial and personal benefits can be significant. An upgrade to an honorable discharge can unlock VA disability compensation, healthcare, education benefits (GI Bill), and home loan eligibility—benefits that could amount to hundreds of thousands of dollars over a lifetime. It can also enhance your employment prospects, as many federal and private-sector jobs require an honorable discharge.
At National Security Law Firm, we know what it takes to build a winning case. If your discharge resulted from PTSD, TBI, discrimination, or procedural errors, you may have a strong claim for an upgrade. We’ll work to present the best possible evidence and fight for the benefits you deserve.
However, not every case qualifies for an upgrade. If your case is unlikely to succeed, we will be upfront with you during your consultation so you don’t waste time or money. Our team has years of experience navigating the Discharge Review Boards and Boards for Correction of Military Records, and we’ll give you an honest assessment of your chances.
If you’re ready to take the next step, book a consultation today. The benefits you’ve earned could be life-changing—don’t leave them on the table.
Nationwide Discharge Upgrade Lawyers
If you are looking to hire a discharge upgrade lawyer, please be advised that you do not need to hire a local lawyer. This is because this is a federal practice area. In fact, a local discharge lawyer might not have the experience and background that a nationwide discharge upgrade lawyer might have.
Regardless of where you are located, our military discharge upgrade lawyers will communicate with you through phone, email, etc. Moreover, even if your case requires an appearance before a board (not all do) our law firm is conveniently located in Washington, D.C., where the board hearings take place. Thus, you will not have to charge higher fees for an out-of-state lawyer to travel to appear before the boards in Washington, D.C.
For more information on the military discharge upgrade process, please visit some of the following online resources:
Boards of Review Reading Room – searchable database of past decisions of the DRBs and BCMRs for each military service, which can help one understand how the boards analyze applications and make decisions.
Benefits at Separation Chart – chart that displays the various benefits that are available according to discharge type.
Connecticut Veterans Legal Center’s Veterans Discharge Upgrade Manual – comprehensive manual provided by the Connecticut Veterans Legal Center
Applying for a Discharge Upgrade When You Have PTSD – supplemental guide to the Connecticut Veterans Legal Center’s Veterans Discharge Upgrade Manual dealing specifically with PTSD
Hagel Memo – guidance from the Secretary of Defense relating to discharge upgrades for veterans with PTSD
Guide to Filing Military Discharge Review Board and Board for Correction of Military Records Applications – complete guide to applications from the Amercian Legion
National Archives Website – to request a complete copy of your military and/or medical records
Department of Defense Forms – to access applicable forms
Instructions from Veterans Affairs – VA guidance on how to apply for a discharge upgrade
Army Discharge Review Board – Army guidance on how to apply for a discharge upgrade
Naval Discharge Review Board – Naval guidance on how to apply for a discharge upgrade
Air Force Discharge Review Board – Air Force guidance on how to apply for a discharge upgrade
Coast Guard Discharge Review Board – Coast Guard guidance on how to apply for a discharge upgrade
FAQs Army Discharge Review Board – for answers to some frequently asked questions regarding the Army DRB
The lawyers at National Security Law Firm handle Military Discharge Upgrades throughout the United States.
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