Military Discharge Upgrade Lawyer

A general discharge in the military means that a service member's performance or conduct was satisfactory but did not fully meet the standards required for an honorable discharge. This type of discharge is often issued for minor disciplinary infractions or failure to meet expectations in areas like job performance or behavior. 

While a general discharge is not as severe as other less favorable discharge types, it can limit access to certain benefits, such as the GI Bill for education. However, many other veterans’ benefits, like VA healthcare, may still be available.

An administrative discharge isn’t inherently bad, as it covers a range of discharge types, including both honorable and general discharges, which are not punitive.

However, if the administrative discharge is classified as other than honorable (OTH), it may carry negative implications, such as limited access to veterans' benefits and potential challenges in civilian life.

A general discharge may impact your security clearance in the military, but it does not automatically result in its loss. The final decision depends on the circumstances of the discharge and the specific reasons for it, as these factors are reviewed during the security clearance evaluation process.

Honorable discharge is the best type of discharge a service member can receive. This is given to those who performed their duties well and executed their missions devotedly. They were generally considered an asset to whichever branch of the military in which they served.

An other than honorable discharge is the most severe type of administrative discharge, but it does not require a court martial. OTH is usually given for:

• Security violations
• Trouble with civilian authorities
• Assault
• Drug possession in the military or other violations

The reason for an OTH depends on the severity of the offense and precedent in your specific branch of the military, but in any case, receiving an OTH creates a significant barrier to future military service.

A bad conduct discharge (BCD) is issued as a punitive measure following a court-martial for serious misconduct while serving in the military. This type of discharge is typically given after a special court-martial or general court-martial and may involve offenses such as theft, assault, or insubordination. 

The decision to issue a BCD is made by a military judge or jury based on the severity of the misconduct and the evidence presented during the trial. This type of military discharge results in the loss of most military and veterans' benefits and carries significant long-term consequences for the individual.

A less-than-honorable characterization is a term commonly used to describe military discharges that fall below the standard of an honorable discharge. These discharges are typically associated with conduct or performance issues during service and can significantly affect a veteran's ability to access to benefits, re-enlistment eligibility, and civilian opportunities.

If a service member receives a general discharge under honorable conditions, it indicates that their service was satisfactory but it did not deserve the highest level of discharge due to performance and conduct. 

Many veterans with this type of discharge may have engaged in minor misconduct, but they are still eligible for most VA benefits.

Dishonorable discharges are like bad conduct discharges, but rather than administrative they are considered punitive discharges. In order to get this type of discharge, you must be convicted of a criminal offense at a general court-martial. This is reserved for very serious offenses such as:

• Desertion
• Sexual assault
• Murder

An entry-level separation (ELS) is neither classified as “good” nor “bad” because it occurs early in a service member's career, typically within the first 180 days of active duty. This type of separation is often issued to individuals who are unable to adapt to the demands of military life, fail to meet basic training standards, or experience medical or personal issues that prevent them from continuing service. 

Since an ELS happens during the initial phase of service, it does not result in a formal characterization of discharge, such as honorable or dishonorable, and generally has minimal long-term impact on the individual’s record or civilian opportunities.

A medical separation discharge is issued when a service member is deemed unfit for continued duty due to a physical or mental health condition that significantly impacts their ability to perform their military duties. This determination is made through the Medical Evaluation Board (MEB) process, which assesses the service member's condition and evaluates whether it meets the standards for retention. 

Separation for the convenience of the government is a general, catch-all type of voluntary separation or discharge. The military uses this when it wants a service member to leave but doesn’t have a reason for any other type of discharge or separation.

Military discharges from any branch of the military that are anything other than honorable will have serious consequences. In many cases, you can lose your VA benefits. It might also be difficult to find employment. Your future is at stake and you should do everything in your power to fight your discharge.

Fortunately, it is possible to upgrade your discharge after the fact. The Discharge Review Board (DRB) hears these requests. They examine your case and the circumstances in order to determine if you are eligible for an upgrade. 

When the Discharge Review Board hears your case, they will consider the following factors:

• The specific reasons for your discharge
• Letters of reference and recommendation
• Your general conduct
• Any educational achievements
• Your record of community service
• The amount of time since your discharge
• Your family relationships
• Any relevant employment history

During this time, a skilled, experienced military discharge upgrade attorney can help you prepare your case and improve your situation.

Upgrading your general military discharge will depend on the amount of time since the discharge, whether or not you’ve applied for an upgrade already, and your prior conduct. Hiring a military record correction lawyer offers you your best chance at upgrading your discharge.

As of recently, every branch of the military has made it easier to apply for a Military Discharge upgrade if your case involved:

• Post-traumatic stress disorder (PTSD)
• Other mental health conditions
• Traumatic brain injury (TBI)
• Military sexual trauma, including military sexual assault or harassment
• Sexual orientation (this includes the Don’t Ask, Don’t Tell policy)

Note that this is not an exhaustive list. There are other circumstances in which you might be eligible for an upgrade from general to honorable.

You are not eligible for VA benefits if you received an Other Than Honorable Discharge. Given this, you will almost certainly want to try to upgrade it.

You can begin by applying for VA compensation or pension through your local Veterans Affairs Service Office. You can also apply through eBenefits. Since you received an OTH, a Character of Service review will be triggered, which will start a review at the VA regional office. This will determine if your service was honorable enough for you to be able to receive VA health care and compensation. 

In most cases, your compensation will originally be denied if you have an OTH discharge. 

You will need to submit evidence that your service was honorable. An experienced military discharge upgrade lawyer like Aden Wilkie can help you prepare this evidence.