how long does a lawyer take to process a discharge upgrade

Full Answer

What does a discharge upgrade lawyer do?

Your discharge upgrade lawyer will need to spend time building the best possible case to convince the board you deserve an upgrade. Then, a good portion of the discharge upgrade process involves waiting.

How long do I have to upgrade my discharge?

It is important to take this potential time frame into account if you have been discharged for more than ten years, because you only have 15 years from the date of discharge to go before the discharge review board. If your 15 year mark is approaching, it is important to consult with a discharge upgrade attorney as quickly as possible.

Do I have a case for a military discharge upgrade?

All branches of the military consider you to have a strong case for a discharge upgrade if you can show your discharge was connected to any of these categories: Mental health conditions, including posttraumatic stress disorder (PTSD) Traumatic brain injury (TBI)

Can a punitive discharge be upgraded?

The only basis for upgrading a punitive discharge is clemency. In other words, the Board must find good reason for treating you compassionately, and upgrading your discharge despite your court-martial conviction.

How long does it take to get my discharge upgraded?

How Long Will it Take to Get a Decision? It often takes a month and a half to two months to find out the board's decision. If you get the upgrade, you'll get a new discharge certificate, DD-214, and a copy of the board's decision. If you don't get the upgrade, you'll get the board's letter explaining their decision.

How hard is it to get a discharge upgraded?

It is very difficult to get a discharge upgrade, so you should submit comprehensive evidence and/or find an attorney to help you submit a complete package. Make sure to request and submit your military records and positive post-service history.

Who has the authority to upgrade a discharge?

The DRBThe DRB has the power to upgrade military discharges that were not the result of a General Court-Martial. The board may also change the Narrative Reason For Discharge except to or from discharges with “disability” listed as the narrative reason.

How long does military discharge take?

A general discharge can be completed in as little as 30 days but could take up to six months. Separation from the military can take longer than six months. It's vital that you don't procrastinate on starting the process.

How long does it take to get a DD-214 corrected?

Depending on the offices involved, these actions can take 3-4 months to complete after a BCNR decision is published. In pay cases, the Defense Finance and Accounting System must take additional action after a record is corrected.

Are you considered a veteran with a OTH discharge?

The bill applies one definition across the various benefit programs. Under the bill, a “veteran” is anyone honorably discharged or released under honorable conditions from active duty in the armed forces or anyone with an OTH discharge based on the following qualifying conditions: 1.

How can I check the status of my discharge upgrade?

Any veterans who believe their discharge was unjust, erroneous, or warrants an upgrade are encouraged to use this tool and then apply for review. This tool can be found on Vets.gov at: https://www.vets.gov/discharge-upgrade-instructions.

How can I check my discharge status?

Checking Discharge Status You can request your records online, by mail or via fax: Online: Veterans and the next-of-kin to veterans who are deceased can request service records online at eVetRecs.archives.gov.

Can honorable discharge be taken away?

If a veteran received any discharge other than Dishonorable, the VA can make a determination that the service is honorable for VA purposes, and could rescind that.

Can a military discharge be upgraded?

You can apply for a discharge upgrade by mail or with the help of a Veterans Service Organization (VSO).

Can the military call you back after discharge?

Under a program known as "stop-loss," the military can keep you on active duty after your anticipated discharge date. This program has been around since 1984 and has been used a few times.

What are the 5 types of military discharges?

In general, there are five different types of discharges from the Army: Honorable; General, Under Honorable Conditions; Under Other than Honorable Conditions; Bad Conduct; and Dishonorable.

Can a OTH discharge be upgraded?

Upgrading your OTH Discharge is possible if you can show the Discharge Review Board or Board for the Correction of Military Records that your OTH Discharge was either improper or unjust.

Can a dishonorable discharge be upgraded?

Although a positive post-service history is not necessary to succeed, it's important if you're trying to upgrade a punitive discharge—a Bad Conduct, Dishonorable, or other discharge imposed after a court-martial. The only basis for upgrading a punitive discharge is clemency.

Is a medical discharge honorable?

A medical discharge is typically a general discharge under honorable conditions, but the severity and circumstances under which the medical condition began can impact the type of discharge you receive.

Can you appeal a dishonorable discharge?

If your appeal to your service's board of review and correction you can appeal that decision to a new board of appeals, the Discharge Appeal Review Board (DARB). The DARB will review a previous denial of a discharge review and make a final decision on your case.

How long does it take to get a discharge upgrade?

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.

What is an 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.

What is the burden of a veteran to prove that an upgrade is warranted?

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.”.

What does it mean to be discharged with a 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.

How long does it take to get veterans records?

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.

Can you upgrade to a general?

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.

Can you upgrade from OTH to Honorable?

In other cases, you might only be able to obtain an upgrade from an OTH to General. Discharge upgrade lawyer Brett O’Brien will fight for the highest possible discharge level. Each individual case will vary.

How to get a discharge upgrade?

Step 1: Determine Where to Apply: In order to begin the process of a Discharge Upgrade, an applicant will first want to determine where they need to apply for their upgrade. This will depend on your branch of service, your date of discharge, and the type of changes you want made to your military record.

How long do you have to apply for a DRB?

You have 15 years from the date of your discharge to apply to a DRB. To apply to a BCMR or the BCNR, you are required to apply within three years of the date you first discover the error or injustice that you are seeking to correct. There are three exceptions to this rule:

What does a DRB consider when reviewing military records?

A DRB considers two basic issues: “equity” (fairness) and “propriety” (legal error).

How does a military discharge affect civil liberties?

As a veteran, this is important because the nature of your military discharge can affect your civil liberties such as the ability to possess a firearm or the ability to obtain benefits from the Department of Veteran Affairs (VA). You can change the character of your military discharge by performing a Discharge Upgrade or by obtaining ...

What happens if you believe your discharge was unfair?

If you believe your discharge was unfair, or “inequitable,” you’ll again need to explain why. If instead of an equitable claim, you are claiming illegality, or “impropriety,” then you are claiming that the military didn’t follow its own rules when it discharged you.

Who helped my son end his probation early?

My Attorney Mr. Randall helped my son end his probation early and expunge his misdemeanor record. My son has an opportunity to move forward in life with employment and a successful future.

Who can apply for a discharge upgrade?

Who may apply for a discharge upgrade? Former members of the Regular Army, the Army Reserve, and the Army National Guard or their attorney may submit an application (DD Form 293) to the Army Discharge Review Board (ADRB). If the former member is deceased or incompetent, the surviving spouse, next of kin, or legal representative may apply ...

How long do you have to wait to apply for ADRB?

Requests for review must be made within 15 years of discharge/ dismissal. We suggest that you wait at least a short time (6 months –2 years) after discharge before applying to the ADRB in order to allow time for you to establish some references in the civilian community where you live.

Does the Montgomery GI Bill make decisions?

No, not necessarily. The ADRB does not make decisions on policies and procedures related to the Montgomery GI Bill. Your local Department of Veterans Affairs can assist you with such matters.

What happens if a veteran gets a Gen discharge?

For example, if a Veteran has a GEN Discharge, they will lose all education benefits for that period of service, including the Post 9/11 GI Bill. If a Veteran has an OTH Discharge, it is a complex internal VA analysis; however, all benefits are in jeopardy for that period of service.

What are the different types of military discharges?

Military Discharges. There are three types of administrative discharges from the military: Honorable (HON), General Under Honorable Conditions (GEN), and Other than Honorable (OTH). A former servicemember with a GEN or OTH is not eligible for all VA benefits for that period of service.

Can a veteran with a BCD get a discharge upgrade?

A former servicemember with a BCD or DD is generally not eligible for benefits for that period of service. Veterans can apply for a discharge upgrade to regain lost benefits. If a Veteran has already applied for benefits and been denied, they can also appeal that decision. Click here for more information on veterans claims and appeals. ...

When did the DoD change the rules for discharges related to PTSD, TBI, and mental health?

DoD rules changed for discharges related to PTSD, TBI, and mental health in 2014, military sexual harassment and assault in 2017, and sexual orientation in 2011.

Can I apply again?

Applying again is most likely to be successful if your application is significantly different from when you last applied. For example, you may have additional evidence that wasn’t available to you when you last applied, or the Departent of Defense (DoD) may have issued new rules regarding discharges.

Do all branches of the military consider you to have a strong case for a discharge upgrade?

All branches of the military consider you to have a strong case for a discharge upgrade if you can show your discharge was connected to any of these categories: The information you enter on the next page is completely confidential.

What does a discharge upgrade mean?

A discharge upgrade changes the “character of service” shown on your DD-214 discharge certificate. Today, most certificates show the “character of service” as either Honorable, General (Under Honorable Conditions), Other Than Honorable, Bad Conduct or Dishonorable.

How long do you have to apply for a DRB?

DRB deadline: You have 15 years from the date of your discharge to apply to a DRB. BCMR or BCNR deadline: You are required to apply within three years of the date you first discover the “error or injustice” that you’re seeking to correct. But there are three exceptions to this rule:

What are the rules for PTSD discharge?

There are special rules the Boards are required follow if your dis charge was related to PTSD, other mental health conditions, TBI, and/or sexual assault/harassment. These rules are strongly to your advantage: they require the Boards to expedite your request and also to generously read evidence that you submit. Therefore, it is worthwhile to familiarize yourself with these rules and submit arguments about how they apply to you.

Has the separation regulations changed since discharge?

It’s also possible that the separation regulations have changed since the time of your discharge in a way that will help you. Look at the regulations in effect today. You may be able to argue that if they’d been in effect when you were discharged, the military would have assigned a more favorable reason.

Can you get VA benefits if you are discharged?

You may be able to get most VA benefits even if your discharge isn’t upgraded, through a process known as a Character of Discharge Determination (COD). In addition, if you stayed in the military beyond your original ETS date, there are special rules that help you to get most VA benefits. For more information, review the memos on COD’s and Back-to-Back and Conditional Discharges at https://www.swords-to-plowshares.org/guides/va-character-of-service-determination-an-alternative-to-discharge-review and https://www.swords-to-plowshares.org/guides/back-to-back-and-conditional-discharges.

Can the Board see why you should get an upgrade from reviewing your military records alone?

In most cases, the Board won’t be able to see why you should get an upgrade from reviewing your military records alone. It is important that you explain why your request should be granted, using specific legal language and concepts.

How to contact a lawyer for a military discharge upgrade?

You can reach us at (202) 600-4996.

What happens if you are denied a written submission?

In the event that your written submission is denied, you will then have the opportunity to request an in-person hearing to present your case. Thus, it is important that you understand the fees that your chosen lawyer will charge for both of these scenarios so that you can plan accordingly.