Military Discharge Upgrades
How to Upgrade your Discharge
Many service members want their military discharge upgraded to receive the VA benefits to which they may be entitled. You can apply to the Discharge Review Board (DRB) for a discharge upgrade depending on the circumstances of your case.
The discharge under which you end your military career has long-term consequences.
Others may want an upgrade to reflect the true nature and purpose of their former service, while others wish to maximize future career opportunities. Whatever the reason, obtaining a discharge upgrade can be difficult and time-consuming. Call the Law Office of Wade Faulkner, PLLC for help from a capable military discharge upgrade attorney.
Our firm serves current and former members. Our Fort Hood discharge upgrades lawyer has 15 years of experience in this field and is a retired Army Lieutenant Colonel. We thoroughly understand the legal issues facing service members and are here to help you seek a positive case result using our years of practice, knowledge, and legal skills.
Does a Military Discharge Appear on Background Checks?
Yes, a military discharge can appear on a background check. If using a background check provider, Form DD-214 is considered a record that falls under the requirements of the Fair Credit Reporting Act (15 U.S.C. §1681), one of which mandates that the applicant provides authorization to the employer when requesting military records. The background check provider should only provide Permissible Military Information to employers that excludes information related to medical history or the nature of the discharge.
How Long Can a Discharge Upgrade Take?
It can take about a month or two to see the board’s decision for your discharge upgrade. Once you get the upgrade, you will get a discharge certificate, DD-214 and a copy of the board’s decision. Even if you don’t get the upgrade, you will still get a copy of the board’s decision as to why you did not get the upgrade.
Can You Own a Firearm With a Bad Conduct Discharge?
Under Section 922(g)(6)of the GCA, a bad conduct discharge or a dismissal will make it unlawful for that person to own or receive firearms.
What Happens if You Get Medically Discharged From the Military?
If you get medically discharged from the military, you will receive a lump-sum severance payment if their disability rating is found to be less than 30% and have not served for 20 years.
Am I Considered a Veteran With an Other Than Honorable Discharge?
If you received other than a "honorable discharge" you ordinarily are not eligible for most VA benefits. But if you served for two or more separate periods in the military or reenlisted for a new period while still in the service, under some circumstances you can still be eligible for veterans benefits. As long as you served for a total of 24 months, you can be eligible for benefits such as education and health care. Your eligibility for disability compensation will depend on some complex factors. Suppose you served a full period in the military, received good paper such as an honorable discharge, and immediately re-enlisted for a new period of service that ended with a dishonorable discharge, you are still eligible for disability compensation benefits only for the period of service that ended with an honorable or under honorable conditions discharge. If you were injured during the term that ended in dishonorable discharge, you are not eligible for disability compensation.
Can a Bad Conduct Discharge Be Upgraded?
It is possible to get a conduct discharge to be upgraded but it is difficult. You should submit comprehensive evidence and/or find an attorney to help you submit a complete package. Make sure to also submit your military records and positive post-service history.
Military Boards of Review in Texas
The military has two different boards of review that can evaluate discharges, each with different areas of authority. The board to which you will apply depends on the circumstances of your case. These boards include the Discharge Review Board (DRB) and the Board for Correction of Military Records (BCMR).
The particular board where you need to file your request is complicated and based on your specific facts and circumstances.
When you file your request with a board, the Board has the authority to:
- Upgrade your discharge
- Change the reason for separation
- Change your reentry code
In order to prevail with this action, you must be able to prove that your discharge was incorrect or unfair. Presenting proper evidence is crucial in this matter, which is why you should have the representation of a capable military discharge upgrade lawyer such as Attorney Wade Faulkner. Wade Faulkner has filed cases with both Discharge Review Boards and with Boards for the Correction of Military Records. You need a military discharge upgrade attorney with experience to help you navigate this complicated area of the law.