how long does a lawyer take to review a discharge upgrade

How long do I have to upgrade my discharge?

Sally Pleiman. Depending on the military branch and whether you are undertaking a "record review" or a personal appearance before the board, the discharge upgrading procedure can take several months to a couple of years. If you want to accelerate the process, you can file for a special form of discharge known as a "general under honorable conditions."

What does a discharge upgrade lawyer do?

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.

Where should I apply for a Discharge Review Board?

Jul 05, 2019 · Posted July 5th, 2019. Many people contact us to ask how long a military discharge upgrade takes. The process can take anywhere from several months to a couple of years. The amount of time can vary by service branch and whether you are doing a “record review” or a personal appearance before the board. A lot of folks write….

What is the process for upgrading a veteran's discharge?

Mar 26, 2013 · How long do I have to apply for a discharge upgrade? 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.

How long does a discharge review board take?

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 long does discharge take to update?

within 15 yearsYou must apply for a discharge upgrade within 15 years of the date of your discharge-no exceptions to this time limit. Complete DD Form 293 and mail to the appropriate address for your branch of service.

How long does a honorable 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.Apr 29, 2020

Is it hard to get a discharge upgrade?

If you did not receive an honorable discharge from the U.S. military, it may be possible to apply for an upgrade to your military discharge status. The process for requesting an upgrade can be laborious and lengthy, so it's best to go into it knowing what to expect.Sep 15, 2021

Can a OTH discharge be upgraded?

As long as the OTH discharge occurred within the past 15 years, vets can appeal to their branch's Discharge Review Board by filing a DD Form 293. Older discharges would have to be reviewed by a Board for Correction for Military or Naval Records.Mar 22, 2015

Can you get an other than honorable discharge upgraded?

An outreach effort launched by the Department of Veterans Affairs (VA) in 2021 looks to let veterans with other than honorable discharges know they may still be eligible to receive VA benefits and health care. They can also request an upgrade to their discharge status through the Department of Defense (DoD).

What benefits do I get with honorable discharge?

An honorable discharge is by far the most common with over 85 percent of veterans receiving this type of discharge. Veterans with an honorable discharge are entitled to all VA benefits (e.g., disability compensation, educational, healthcare, vocational).Apr 24, 2017

Is 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. The details of your discharge will be listed on your DD-214.Jun 30, 2021

What causes an honorable discharge?

To receive an honorable discharge, a service member must have received a rating from good to excellent for their service. Service members who meet or exceed the required standards of duty performance and personal conduct, and who complete their tours of duty, normally receive honorable discharges.

Are you considered a veteran with a general discharge?

Under federal law, a veteran is any person who served honorably on active duty in the armed forces of the United States. Discharges marked “general and under honorable conditions” also qualify.

Are you considered a veteran with an other than honorable discharge?

But for certain benefit programs, current law defines a veteran as anyone (1) with an OTH discharge and a qualifying condition (i.e., a diagnosis of PTSD or traumatic brain injury or a disclosed military sexual trauma) or (2) discharged or released under conditions other than dishonorable from active service in the ...Apr 6, 2021

How does an OTH discharge affect you?

If you received an OTH discharge, you cannot get education benefits under the G.I. Bill, nor can you receive a military pension or apply for a VA home loan. It may be difficult or even impossible to get a federal job because you lose your veterans' preference rights in the hiring process.Aug 19, 2018

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 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 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 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 testify under oath at a board hearing?

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.

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.

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.

Is a positive post service history necessary?

While a positive post-service history is not necessary to succeed, it is extremely important if you are trying to upgrade a punitive discharge — i.e., one for Bad Conduct, a Dishonorable Discharge, or other discharges imposed after a court-martial. The only basis for upgrading a punitive discharge is clemency.

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 can a DRB do?

A DRB has limited powers. It can upgrade a discharge, unless the discharge resulted from a General Court-Martial. It can also change the reason for a discharge, except that it can’t change the reason to—or from—a disability discharge. And that’s all a DRB can do.

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.

Is a positive post service history necessary?

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.

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.

3 attorney answers

I have several cases before the Board. They are averaging 12-18 months.

Tami Lynn Mitchell

I agree with Mr. Cassara. ADRB website says up to 12 months (http://arba.army.pentagon.mil/adrb-faq.html), but more than 12 months would not be unusual.