Military Discharge Upgrades for Immigration and Citizenship Purposes

You served the United States. Now, a few words on your DD Form 214—or an inaccurate military record buried in a government file—may stand between you and U.S. citizenship.

An Other Than Honorable discharge, unfavorable character-of-service determination, incorrect separation code, missing period of honorable service, or disputed Form N-426 certification can affect whether USCIS approves military naturalization under INA § 328 or § 329. In some cases, an adverse separation after naturalization can even create a potential revocation issue.

But the characterization printed on your current DD Form 214 may not be the end of the story.

A Discharge Review Board, Board for Correction of Military Records, or Board for Correction of Naval Records may have authority to correct an error or injustice. The important question is not simply whether you can seek a discharge upgrade. It is whether the precise correction you request could solve the immigration problem you actually have.

That requires a coordinated military-law and immigration strategy.

National Security Law Firm handles both sides of that equation. Our attorneys evaluate military discharge upgrades and record-correction petitions while our immigration team analyzes how the requested relief could affect naturalization, Form N-426, removal risk, and citizenship.

The firm’s immigration practice is led by Justin Price, whose more than 25 years of legal experience include service as:

• A former U.S. Immigration Judge
• A Department of Homeland Security trial attorney for more than 12 years
• An Air Force Judge Advocate
• A military and civilian prosecutor
• A public defender
• An immigration attorney representing service members, veterans, and military families

Justin has handled the issues that converge in these cases: immigration eligibility, government enforcement, military service, criminal and disciplinary records, credibility, and the consequences of making the wrong filing at the wrong time.

If an unfavorable discharge or incorrect military record is blocking your immigration future, do not treat the upgrade and the immigration case as two unrelated matters. Build one strategy for both.

Schedule a consultation with National Security Law Firm.

Why Character of Service Matters to Military Naturalization

Military naturalization is not based merely on having enlisted or worn the uniform. The governing statutes require qualifying honorable service and, for separated applicants, an acceptable separation from service.

The two principal military-naturalization provisions are:

• INA § 328: Naturalization based on at least one year of qualifying honorable military service
• INA § 329: Naturalization based on qualifying honorable service during a designated period of hostilities

Under both provisions, the appropriate military department—not USCIS acting alone—determines whether military service was honorable and whether a separation was under honorable conditions.

That determination may be reflected in:

• Form N-426, Request for Certification of Military or Naval Service
• DD Form 214
• Characterization of service
• Narrative reason for separation
• Separation program designator code
• Reentry code
• Personnel records
• Disciplinary records
• Discharge Review Board or correction-board decisions
• Corrected military records, including a DD Form 215

An adverse or internally inconsistent record can prevent the veteran from establishing one of the essential elements of military naturalization.

For a complete explanation of the underlying citizenship pathways, visit our guide to U.S. citizenship through military service.

A Discharge Upgrade Is Not an Immigration Waiver

A successful discharge upgrade may remove or improve a military-service obstacle. It does not automatically erase every immigration problem.

An upgrade generally does not, by itself:

• Establish good moral character
• Eliminate a criminal conviction
• Waive a controlled-substance violation
• Resolve an aggravated-felony issue
• Cure fraud or misrepresentation
• Correct a false claim to U.S. citizenship
• Eliminate inconsistencies in earlier government filings
• Guarantee approval of Form N-400
• Require USCIS to disregard independent evidence
• Automatically reopen a previously denied naturalization case

The correction must be matched to the legal reason the immigration case is—or may be—denied.

For example, if USCIS denied naturalization solely because the military department would not certify qualifying honorable service, a corrected discharge or service record may be extremely important. If the denial also involved a criminal conviction or false statement, changing the DD Form 214 may solve only part of the case.

This page focuses on that intersection. Veterans seeking a complete discussion of the military-board process should review our Military Discharge Upgrade Complete Guide.

When Can a Discharge Upgrade Help an Immigration Case?

A discharge upgrade or record correction may help when a veteran’s immigration problem is tied to:

• An Other Than Honorable discharge
• An incorrect discharge characterization
• An uncharacterized or entry-level separation
• A missing period of honorable service
• Incorrect service dates
• An inaccurate narrative reason for separation
• An incorrect separation or reentry code
• A disputed finding about whether service was honorable
• A Form N-426 that was refused, left incomplete, or certified unfavorably
• A record that fails to distinguish between separate enlistments
• An administrative separation that overlooked mitigating medical evidence
• A discharge based on misconduct connected to PTSD, TBI, MST, or another condition
• Incorrect military records cited in an RFE, NOID, or naturalization denial
• A post-naturalization separation that may create revocation concerns

The potential value of a correction depends on what the governing immigration statute requires and what the military board has authority to change.

INA § 328: At Least One Year of Honorable Military Service

INA § 328 provides a special naturalization pathway for certain applicants who served honorably in the U.S. Armed Forces for an aggregate period of at least one year.

Among other requirements, an applicant relying on INA § 328 generally must show:

• At least one year of qualifying honorable military service
• Lawful permanent resident status
• Filing while still serving or within six months after separation to receive the provision’s full residence and physical-presence exemptions
• If separated, separation under honorable conditions
• Compliance with other applicable naturalization requirements

INA § 328 also requires a certified statement from the proper military department for each period of service on which the applicant relies. The statute directs the certification to identify whether the service was honorable and whether any discharges from service were other than honorable.

This makes the complete military history important. A veteran may not always be able to isolate one honorable enlistment while ignoring a different adverse period of service.

A discharge upgrade or correction may be significant if the current military record:

• Mischaracterizes a period of service
• Fails to reflect an honorable reenlistment
• Combines distinct service periods inaccurately
• Reports an incorrect discharge
• Produces an unfavorable Form N-426 certification

The analysis must be based on the complete service record—not one favorable DD Form 214 viewed in isolation.

INA § 329: Honorable Service During Hostilities

INA § 329 applies to qualifying service during a designated period of military hostilities. It can provide substantial exceptions to the ordinary naturalization rules, including residence and physical-presence requirements.

The applicant must nevertheless establish qualifying honorable service. If the applicant has separated, the separation generally must have been under honorable conditions.

The military department determines:

• Whether the applicant served honorably in a qualifying status
• Whether the service occurred during a designated period of hostilities
• Whether the separation was under honorable conditions

An adverse discharge may therefore prevent the applicant from establishing basic statutory eligibility, even when the person served during a qualifying period.

A discharge upgrade or record correction may help create the military certification required for USCIS to adjudicate the case. It does not excuse separate criminal, good-moral-character, fraud, or removability concerns.

Does a General Discharge Under Honorable Conditions Qualify?

A General (Under Honorable Conditions) discharge is legally different from an Other Than Honorable discharge.

For military-naturalization purposes, a General (Under Honorable Conditions) discharge may satisfy a requirement that separation be “under honorable conditions.” However, the exact period of qualifying service and the military department’s certification remain important.

Veterans should not assume that every reference to “honorable service” necessarily requires a DD Form 214 stating only “Honorable.” They also should not assume that a general discharge automatically resolves every question about the underlying service.

NSLF reviews:

• The applicable naturalization statute
• The characterization of discharge
• Form N-426
• The complete personnel record
• Separate enlistments or reenlistments
• The conduct leading to separation
• Any inconsistencies in prior immigration filings

Other Than Honorable Discharges

An Other Than Honorable discharge can create a direct obstacle to naturalization under INA § 328 or § 329.

Potential issues include:

• Inability to establish separation under honorable conditions
• Unfavorable Form N-426 certification
• Questions about whether the period of service was honorable
• Good-moral-character concerns arising from the underlying misconduct
• Criminal or controlled-substance consequences
• Inconsistent statements between military and immigration records
• Potential removal risk if the underlying conduct creates an independent immigration ground
• Revocation concerns when naturalization occurred before an adverse separation

An upgrade from OTH to General (Under Honorable Conditions) or Honorable may materially change the military-service analysis. But USCIS may still examine the conduct that caused the original discharge.

Veterans confronting these issues should also read our focused guide to military naturalization after an OTH, bad-conduct, or dishonorable discharge.

Bad-Conduct and Dishonorable Discharges

A bad-conduct or dishonorable discharge generally results from a court-martial sentence and presents different procedural limitations from an administrative discharge.

A Discharge Review Board cannot simply overturn a discharge imposed by a general court-martial. Depending on the circumstances, possible avenues may include:

• A military appellate remedy
• Clemency
• A petition to the appropriate BCMR or BCNR within its lawful authority
• Correction of related military records
• Other post-conviction or administrative relief

The existence of court-martial findings also creates potential criminal-immigration issues beyond character of service.

These cases must be reviewed by attorneys who understand:

• The Uniform Code of Military Justice
• Court-martial records
• Military appellate and correction-board authority
• The immigration definition of a conviction
• Crimes involving moral turpitude
• Aggravated felonies
• Controlled-substance grounds
• Good moral character
• Removal and detention risk

A record correction that improves part of the military file may not eliminate the immigration consequences of a court-martial conviction.

Uncharacterized and Entry-Level Separations

An uncharacterized discharge does not automatically mean that service was dishonorable. It also does not guarantee that USCIS will accept the service as honorable.

The military department’s certification and the facts surrounding the separation become especially important.

Questions may include:

• Did the service member complete enough time for a characterization?
• Why did the entry-level separation occur?
• Does the personnel record describe the service as honorable?
• Will the military department certify the service on Form N-426?
• Are the service dates correct?
• Was the applicant serving in a qualifying status?
• Does the record contain disciplinary or fraudulent-enlistment allegations?
• Would a correction to the narrative reason or other record entry be sufficient?
• Is a formal discharge upgrade legally available or is a narrower correction needed?

Read our dedicated analysis of military naturalization with an uncharacterized discharge.

Multiple Enlistments and Periods of Service

Military careers are not always represented by one clean period of service.

A veteran may have:

• One honorable enlistment followed by an adverse reenlistment
• Separate active-duty and reserve periods
• A conditional discharge issued for immediate reenlistment
• Breaks in service
• Multiple DD Forms 214
• An honorable period followed by administrative separation
• Conflicting characterizations in different personnel documents

Under INA § 328, the government may examine discharges from periods beyond the single period on which the applicant attempts to rely. INA § 329 also requires qualifying honorable service and acceptable separation from the service forming the basis of the application.

The attorney must map each period precisely:

A record-correction strategy should identify exactly which period, document, or characterization requires correction and why the requested change matters under the INA.

Form N-426 and Corrected Military Records

Form N-426 is the military certification used to establish qualifying service for military naturalization.

Problems may arise when:

• The form is not processed
• The certifying official is unclear
• Service dates are incorrect
• The form does not identify qualifying service
• The military refuses to certify honorable service
• A prior discharge characterization controls the response
• Personnel records conflict
• The veteran has already separated
• USCIS receives a certification inconsistent with the DD Form 214

A successful discharge upgrade or correction-board decision may support a request for a new or corrected Form N-426. It should be submitted strategically with the relevant board decision, corrected records, and legal explanation.

A board victory should not be mailed to USCIS without first determining:

• Whether the correction is final
• Which records have actually been amended
• Whether a DD Form 215 or corrected DD Form 214 has been issued
• Whether a new Form N-426 is required
• Whether the naturalization case remains pending
• Whether the case was denied
• Whether an N-336 deadline is running
• Whether USCIS must receive a motion, new application, or other filing

Visit our guide to Form N-426 problems in military naturalization cases for a more detailed discussion.

Discharge Upgrade or Military-Record Correction?

Not every immigration problem requires a full discharge upgrade.

The correct remedy might involve changing:

• Characterization of service
• Narrative reason for separation
• Separation authority
• Separation program designator code
• Reentry code
• Dates of service
• Active-duty or reserve status
• Missing awards or deployment records
• An erroneous misconduct entry
• Medical-separation information
• A finding in the personnel record
• An inaccurate document used to complete Form N-426

Sometimes the characterization is accurate, but another record prevents the military department from certifying the required service. In that situation, a targeted correction may be more appropriate than requesting relief the board cannot or need not provide.

Our Military Record Correction Lawyers Complete Guide explains the broader authority of military correction boards.

Which Military Board Handles the Request?

The proper forum depends on the discharge, requested correction, time elapsed, and prior proceedings.

Discharge Review Boards

Each military branch maintains a Discharge Review Board. A DRB generally reviews whether an administrative discharge was proper and equitable.

A veteran ordinarily applies using DD Form 293. The application generally must be filed within 15 years of discharge.

A DRB may have authority to:

• Upgrade an administrative discharge
• Change the narrative reason for separation
• Correct certain separation-related entries
• Review the equity and propriety of the discharge

Its authority is limited, particularly regarding court-martial discharges and certain broader record corrections.

BCMRs and BCNR

The Army, Air Force, and Coast Guard use Boards for Correction of Military Records. The Navy and Marine Corps use the Board for Correction of Naval Records.

A veteran generally applies using DD Form 149 under 10 U.S.C. § 1552.

A BCMR or BCNR may be appropriate when:

• More than 15 years have passed
• A DRB denied relief
• The requested correction is outside DRB authority
• The case involves broader personnel-record errors
• Medical retirement or disability issues are involved
• The veteran seeks correction of an injustice beyond discharge characterization
• A court-martial-related discharge limits DRB jurisdiction
• The immigration problem depends on correcting a specific service record

Applications ordinarily are subject to a three-year limitations period running from discovery of the alleged error or injustice, but a correction board may excuse an untimely filing in the interest of justice.

The correct board and requested remedy should be selected before the immigration filing strategy is finalized.

Correcting the Record After a Naturalization Denial

A veteran whose Form N-400 was denied because of character of service may still have options, but deadlines matter.

Possible strategies include:

• Filing Form N-336 to request a hearing on the denial
• Seeking correction of the military record
• Requesting a corrected Form N-426
• Asking USCIS to consider newly available evidence
• Preserving the right to judicial review
• Filing a new Form N-400 after the military record is corrected
• Addressing independent good-moral-character or removability concerns

Form N-336 generally must be filed within 30 calendar days after service of the denial, with additional time potentially applicable when USCIS served the decision by mail.

A correction-board case may take substantially longer than the N-336 deadline. The veteran should not allow the immigration deadline to expire merely because a discharge-upgrade petition is being prepared.

If USCIS has denied your application, see our representation for military naturalization denials and Form N-336 review hearings.

Separation After Military Naturalization

Character of service can remain important even after citizenship is granted.

Under INA §§ 328(f) and 329(c), citizenship obtained through military service may be subject to revocation if the naturalized person is separated under other-than-honorable conditions before accumulating five years of honorable service.

That does not mean every adverse separation automatically cancels citizenship. The government must use an authorized legal process, and the particular statute, naturalization date, service history, separation, and effective-date rules matter.

A discharge upgrade or corrected service record could become highly significant when:

• The government is investigating the naturalization
• USCIS questions whether the original service was honorable
• An adverse separation occurred before five years of honorable service
• The military record contains an error about the nature or date of separation
• A denaturalization referral is under consideration

Anyone facing this problem should obtain advice before sending records or explanations to USCIS, DHS, or the Department of Justice.

Will USCIS Accept a Discharge Upgrade Retroactively?

A military board’s correction can be powerful evidence, but no attorney should promise that an upgrade will automatically produce citizenship.

The analysis may include:

• What the board actually ordered
• The legal basis for the correction
• The effective date of the correction
• Whether the board changed the characterization or only another record
• Whether the service department will issue a revised certification
• Whether USCIS previously denied the case
• Whether other eligibility problems remain
• Whether prior statements must be explained
• Whether the correction affects a pending revocation allegation

The strongest strategy seeks an order that addresses the military fact USCIS needs, rather than pursuing a symbolic change that leaves the controlling record untouched.

Underlying Misconduct Can Still Affect Immigration

An upgraded discharge does not necessarily erase the conduct that led to separation.

USCIS may still examine misconduct when evaluating:

• Good moral character
• Criminal grounds of inadmissibility or deportability
• Fraud or misrepresentation
• Controlled-substance violations
• Credibility
• Prior immigration filings
• Whether the applicant testified truthfully
• Whether the original naturalization was lawfully obtained

Examples include:

• Civilian arrests or convictions
• Court-martial convictions
• Drug use or distribution
• Domestic violence
• Fraudulent enlistment allegations
• False official statements
• False claims to U.S. citizenship
• Security-clearance disclosures
• Desertion or prolonged unauthorized absence

Veterans with civilian criminal records should review our page for military naturalization applicants with a criminal history.

Cases involving military discipline require a separate analysis. See military naturalization after NJP, administrative action, or court-martial.

Why the Military and Immigration Cases Must Be Coordinated

A discharge-upgrade lawyer may focus on proving that the separation was improper or inequitable. An immigration lawyer may focus on statutory naturalization eligibility.

In these cases, both strategies must be developed together.

A poorly coordinated submission could:

• Emphasize facts that create a good-moral-character problem
• Include admissions relevant to removability
• Contradict Form N-400 or a prior immigration application
• Seek relief that does not solve the Form N-426 problem
• Ignore a more useful record correction
• Miss an N-336 deadline
• Create inconsistent explanations in military and immigration proceedings
• Obtain an upgrade that does not address the controlling service period
• Submit damaging evidence that later becomes part of a permanent federal record

The veteran’s statement to the military board may later be reviewed by USCIS, DHS counsel, an Immigration Judge, or the Department of Justice. Those filings should not be prepared as though the immigration case does not exist.

The Justin Price Advantage

This page concerns a rare intersection of military administrative law and federal immigration law. Justin Price’s background reaches across both.

As a former Immigration Judge, Justin has decided cases involving removability, statutory eligibility, criminal records, credibility, and requests for immigration relief.

During more than 12 years as a DHS trial attorney, he represented the federal government in immigration proceedings and learned how government attorneys identify enforcement issues, evaluate documentary records, and challenge inconsistent claims.

As an Air Force JAG and military prosecutor, he worked inside the military justice system and understands the language, records, and consequences of military disciplinary proceedings.

His experience as both a prosecutor and public defender also informs his analysis of the conduct that may underlie an adverse discharge.

At NSLF, Justin’s immigration analysis can be coordinated with attorneys who regularly represent veterans before:

• Discharge Review Boards
• The Army Board for Correction of Military Records
• The Air Force Board for Correction of Military Records
• The Board for Correction of Naval Records
• The Coast Guard Board for Correction of Military Records

This means the firm can evaluate not only whether a discharge should be upgraded, but whether the requested relief is likely to matter in the client’s immigration or citizenship case.

How NSLF Evaluates a Discharge Upgrade for Immigration

Our review may include the following steps.

1. Identify the Immigration Objective

We determine whether the client is seeking:

• Naturalization under INA § 328
• Wartime naturalization under INA § 329
• Correction of Form N-426
• Reconsideration after an N-400 denial
• Defense against attempted revocation
• Resolution of another immigration problem involving military records

2. Identify the Exact Military Obstacle

We review whether the problem involves:

• Characterization of discharge
• Character of service
• Service dates
• Qualifying status
• Narrative reason for separation
• Multiple enlistments
• Missing records
• Incorrect personnel entries
• Form N-426 certification
• Underlying disciplinary findings

3. Analyze Independent Immigration Risks

Before filing with USCIS, we evaluate possible:

• Criminal grounds
• Good-moral-character bars
• Controlled-substance issues
• Fraud or misrepresentation
• False citizenship claims
• Removability
• Detention risk
• Conflicts with prior government statements

4. Select the Appropriate Military Remedy

The correct option may be:

• A DRB discharge-upgrade petition
• A BCMR or BCNR petition
• Correction of a specific military record
• Issuance of a DD Form 215
• A new or corrected Form N-426
• A request involving service dates or characterization
• Another military administrative remedy

5. Build a Consistent Record

The military submission and immigration filing should tell one accurate, legally supported story.

We compare:

• Military records
• Criminal records
• Immigration files
• Prior government applications
• Medical evidence
• Witness statements
• Post-service rehabilitation
• The veteran’s proposed declaration

6. Sequence the Filings

In some cases, the military correction should come first. In others, an immigration deadline must be preserved while the correction petition remains pending.

The filing order may determine whether the client preserves important rights.

Evidence That May Support the Military Petition

Depending on the case, relevant evidence may include:

• DD Form 214 and DD Form 215
• Complete Official Military Personnel File
• Enlistment and reenlistment contracts
• Evaluations and performance reports
• Awards and decorations
• Deployment records
• Form N-426
• Administrative-separation file
• Court-martial or NJP records
• Medical and mental-health records
• PTSD or TBI evidence
• Military Sexual Trauma evidence
• Evidence of discrimination or retaliation
• Command correspondence
• Witness statements
• Evidence of post-service rehabilitation
• Employment and educational records
• Community-service evidence
• Prior DRB or correction-board decisions
• USCIS RFEs, NOIDs, or denial notices

The strongest petition connects the evidence to the board’s legal standard and the immigration relief the veteran ultimately needs.

Common Mistakes to Avoid

• Filing Form N-400 before determining whether the military will certify honorable service
• Assuming an OTH discharge makes citizenship permanently impossible
• Assuming a General discharge automatically resolves the case
• Requesting a discharge upgrade without identifying the precise immigration obstacle
• Treating an uncharacterized separation as automatically honorable or dishonorable
• Ignoring separate enlistments or multiple DD Forms 214
• Allowing the N-336 deadline to expire while pursuing a military correction
• Assuming an upgrade erases the underlying misconduct
• Making admissions in a DRB or BCMR declaration without analyzing immigration consequences
• Submitting inconsistent explanations to the military and USCIS
• Relying on an unofficial records website instead of certified military records
• Assuming a board victory automatically causes USCIS to reopen a denied case
• Filing a new N-400 before receiving the corrected records and certification
• Waiting until USCIS issues a denial before obtaining coordinated legal advice

Frequently Asked Questions

Can an Other Than Honorable discharge prevent military naturalization?

Yes. An OTH discharge can prevent an applicant from showing separation under honorable conditions under INA § 328 or § 329. Whether a discharge upgrade or record correction can solve the problem depends on the full military and immigration record.

Will an upgrade from OTH to General help?

It may. A General (Under Honorable Conditions) discharge can materially improve the character-of-service analysis. USCIS may still consider the underlying misconduct and every other naturalization requirement.

Does a discharge upgrade guarantee citizenship?

No. A military board does not grant citizenship. The board corrects military records; USCIS adjudicates naturalization. The applicant must still satisfy all applicable immigration requirements.

Is an uncharacterized discharge considered honorable?

Not automatically. An uncharacterized separation is not necessarily adverse, but the military department must still determine whether the qualifying service was honorable. The facts, records, and Form N-426 certification matter.

Can I rely on an earlier honorable enlistment?

Possibly, but multiple periods of service require careful analysis. INA § 328 expressly makes discharges from other periods of service relevant. The effect of separate enlistments under INA § 329 also depends on the qualifying service and separation records.

Can a discharge upgrade remove a criminal conviction?

No. A DRB or correction board changes military records within its authority. It ordinarily does not erase an independent civilian conviction, and a military correction may not eliminate the immigration effect of a court-martial conviction.

Can I apply for a discharge upgrade after 15 years?

A DRB generally cannot review an application submitted more than 15 years after discharge. A BCMR or BCNR may still provide a potential avenue, although statutory timing requirements and an interest-of-justice analysis may apply.

Should I file Form N-400 while the upgrade is pending?

That depends on the circumstances. Filing prematurely could result in an unfavorable certification or denial. Waiting could also jeopardize an N-336 or other deadline. The two proceedings should be strategically sequenced.

What happens after the board grants my upgrade?

The next steps may include obtaining:

• The final board decision
• A corrected DD Form 214 or DD Form 215
• Corrected personnel records
• A new Form N-426
• Reconsideration of a pending USCIS issue
• An N-336 submission or new N-400 strategy

Do not assume the military board will automatically transmit every necessary correction to USCIS.

Can an adverse discharge threaten citizenship already granted through military service?

Potentially. INA §§ 328(f) and 329(c) contain revocation provisions for certain individuals separated under other-than-honorable conditions before completing five years of honorable service. The government must follow an authorized revocation process, and the precise facts and dates matter.

Why Choose National Security Law Firm?

Most firms approaching this problem practice either military law or immigration law. These cases demand both.

NSLF brings together attorneys who understand:

• Military discharge upgrades
• BCMR and BCNR petitions
• Military personnel records
• Form N-426
• INA §§ 328 and 329
• Naturalization adjudication
• Immigration enforcement
• Criminal and disciplinary records
• Good moral character
• Removal and denaturalization risk

Our attorneys have served as military judges, JAG officers, federal government attorneys, prosecutors, defense counsel, and veterans. Complex matters may also benefit from NSLF’s collaborative Attorney Review Board process, which brings multiple professional perspectives to the record and strategy.

The objective is not merely to obtain more favorable language on a DD Form 214. It is to pursue the correction that could unlock the client’s actual goal—citizenship, immigration security, and recognition of honorable service.

Your DD Form 214 Should Not Have the Final Word Without a Fight

An adverse discharge can follow a veteran for decades. When it begins blocking citizenship, the stakes become even greater.

But military records can contain errors. Separations can be inequitable. Mental-health conditions can be overlooked. Service periods can be mischaracterized. Essential evidence may never have reached the original decision-maker.

You may have one opportunity to build the record correctly.

Let NSLF’s military and immigration attorneys determine what needs to change, which board has authority to change it, and how that correction should be used before USCIS.

Schedule your consultation with National Security Law Firm.

National Security Law Firm—It’s Our Turn to Fight for You.

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Attorney and Editorial Information

Attorney author: Justin Price, Founder and Managing Attorney, Immigration Practice
Legal experience: Former U.S. Immigration Judge; former Department of Homeland Security trial attorney; former Air Force JAG and military prosecutor; former civilian prosecutor and public defender

This page provides general legal information and does not create an attorney-client relationship. Whether a discharge upgrade or military-record correction affects an immigration case depends on the governing statute, service history, original and corrected records, underlying conduct, procedural posture, and individual immigration history. No result is guaranteed.

Statutory and Regulatory Authority

• Immigration and Nationality Act § 328, 8 U.S.C. § 1439—naturalization through at least one year of qualifying honorable service
• Immigration and Nationality Act § 329, 8 U.S.C. § 1440—naturalization through qualifying service during designated periods of hostilities
• Immigration and Nationality Act § 340, 8 U.S.C. § 1451—revocation of naturalization
• 10 U.S.C. § 1552—correction of military records
• 10 U.S.C. § 1553—review of discharges and dismissals
• 8 C.F.R. Part 328—naturalization based on qualifying peacetime military service
• 8 C.F.R. Part 329—naturalization based on qualifying service during hostilities
• 32 C.F.R. Part 70—discharge-review procedures

Official Sources

• USCIS—Naturalization Through Military Service
• USCIS Policy Manual, Volume 12, Part I—Military Members and Their Families
• USCIS Policy Manual—One Year of Military Service During Peacetime
• USCIS Policy Manual—Military Service During Hostilities
• USCIS Form N-426, Request for Certification of Military or Naval Service
• Department of Defense—Review Boards
• DD Form 293, Application for Review of Discharge or Dismissal
• DD Form 149, Application for Correction of Military Record