how much does it cost for a lawyer to upgrade military discharge

by Ally Senger Published 3 years ago Updated 2 years ago 5 min read

How do I get a military discharge upgrade?

Feb 03, 2017 · Military Law Attorney in Tacoma, WA Reveal number Private message Posted on Feb 3, 2017 There is no set fee. Each case is different as are each lawyer's fees. You should speak to a couple here on AVVO and have them review your case.

Why to work with a military discharge attorney?

If you received a less-than-honorable discharge, you owe it to yourself to fight for the honorable discharge you deserve. Contact discharge upgrade lawyer Brett O’Brien today for a free consultation at 202-600-4996.

How to change your military discharge?

Begin your military Discharge Upgrade online today or by contacting our office today at (888) 751-5329 to speak with a military discharge upgrade attorney. Military Discharge Upgrade $300

How to get early discharge from military?

How much does it cost to upgrade a military discharge?

For discharge upgrade matters, fees generally range from $2400 to $7200 (for cases that do not involve travel) and $7500 to $12,000 (for cases that require travel). For all other cases, fees depend on time, complexity, and travel requirements.

Is it hard to get a discharge upgrade?

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 can help me get my discharge upgraded?

You can apply for a discharge upgrade by mail or with the help of a Veterans Service Organization (VSO).Nov 4, 2020

How long does a discharge upgrade 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.

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

What benefits do you get with OTH discharge?

Veterans with OTH discharges may be eligible for certain health care benefits without being required to enroll in VA health care, such as: Treatment for sexual assault or harassment experienced while in the military. Mental and behavioral health care. Counseling services at a VA Vet Center.

Does a general discharge become honorable?

A general discharge under honorable conditions means that your service was satisfactory, but did not deserve the highest level of discharge for performance and conduct. Many veterans with this type of discharge may have engaged in minor misconduct.

Can I get VA benefits with other than honorable discharge?

Other than honorable discharge, or OTH discharge, falls under the umbrella of undesirable discharge. This character or service is also called a “bad paper.” However, individuals with this character or service may still qualify for certain VA benefits.Jul 18, 2020

Can you rejoin the military with a general discharge?

There are several types of discharges that can keep you from re-enlisting in the service, including a bad conduct discharge, an "other than honorable discharge" and a dishonorable discharge. On the other hand, if you received a general or honorable discharge, you may qualify for re-enlistment.Aug 30, 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 do I check when my discharge is due for an 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.Jan 25, 2018

Can I reenlist with a general discharge?

You are normally only eligible for reenlistment if you have an honorable discharge. All other discharges than honorable tend to have legal or court martial offenses attached to them.Jun 6, 2019

Richard Davis Younts

No set fee. It just depends on the complexity. Interview attorneys who do this kind of work.

Ryan Sweet

Court marshal and prison? I know the scuttlebutt is that an upgrade is a no brainer--that turn out to be bogus--odds are slim under the best of circumstances. With conviction and prison highly unlikely. That said, each case is unique and you should consult with a military law attorney.

Rixon Charles Rafter III

Fees generally depend on the specific needs of your case. You would likely benefit from discussing the facts of your case with an attorney. Many on Avvo offer free consultations.

Brian D. Schenk

As others have said there is no set fee. I would tend to think it difficult to obtain an upgrade to honorable after a court-martial but without knowing the specific offense (s), one cannot say. Best of luck.

Jocelyn C Stewart

There is no set fee. Each case is different as are each lawyer's fees. You should speak to a couple here on AVVO and have them review 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 a DRB in the military?

You can apply to the Discharge Review Board (DRB) of your branch of the service for a discharge upgrade or a change in the discharge reason (that is, character of service). Each service branch has its own DRB, which is tasked with evaluating discharge upgrade requests.

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.

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 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 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.

What is discharge upgrade?

A Discharge Upgrade changes the “character of service” shown on your DD-214 discharge certificate, which can be any of the following: Honorable, General (Under Honorable Conditions), Other Than Honorable, Bad Conduct, or Dishonorable.

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 does a DRB consider when reviewing military records?

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

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 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.

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.

Is there a law that requires the military to discharge you immediately after they discovered misconduct?

That is not a basis to correct...that is, there is no law that required the military to discharge you immediately after they discovered misconduct. So if that is the only claim of error, it is unlikely to be successful. This is the part of my job I don't like...when the law is not in favor of my customer.

Can the Board of Corrections do an upgrade for military records?

That is possible. The Board of Corrections for Military Records can do this. However, it is by no means automatic... In order to grant an "upgrade" the board of corrections will require the applicant provide evidence of "error or injustice".

Can the Board of Corrections do an upgrade?

The Board of Corrections for Military Records can do this. However, it is by no means automatic... In order to grant an "upgrade" the board of corrections will require the applicant provide evidence of "error or injustice".

What is a military discharge upgrade lawyer?

Military discharge upgrade lawyers know that upgrading your discharge is important and can have a lifelong effect on you and your family. In addition to preparing your written petition, a military discharge upgrade lawyer can also appear before the board on your behalf to present your case.

Do lawyers handle military discharge upgrades?

Some lawyers who handle military discharge upgrades are civilians who have never served in the military. Having prior military service, however, is vital in this context. Lawyers with military experience are more familiar with the military system, its culture, and its people. Even if your chosen lawyer has military experience, ...

What is the benefit of having a lawyer with military experience?

Even if your chosen lawyer has military experience, it is even more beneficial if they have actually served as a Judge Advocate and handled discharge upgrades either in Legal Assistance or Trial Defense Services.

What happens if a lawyer is too busy to answer your questions?

If the lawyer is too busy to return your call or emails, or answer your questions or alleviate your concerns, then your case will likely be handled in a similar manner. Unfortunately, the complaint logs of organizations that regulate lawyers demonstrate that many lawyers are terrible at communicating with clients.

What to do if you were denied a discharge upgrade?

If you previously applied for a discharge upgrade and were denied, you can be reconsidered under the new, easier standards. If you were discharged for disciplinary reasons, you should consider going to a psychologist, psychiatrist, or therapist to see if either PTSD or TBI contributed to your discharge.

Can I get a discharge upgrade if I don't have PTSD?

You can still apply for a discharge upgrade if you do not have PTSD, TBI or a mental heath condition. If you know that mental health issues like Post-Traumatic Stress Disorder (PTSD) or a Traumatic Brain Injury (TBI) did not affect your discharge, you may want to look at other resources as well.

Can PTSD be upgraded to discharge?

The VA recently made it easier for veterans with Post Traumatic Stress Disorder (PTSD), Traumatic Brain Injury (TBI) or other mental health conditions to get a discharge upgrade. If you previously applied for a discharge upgrade and were denied, you can be reconsidered under the new, easier standards. If you were discharged for disciplinary ...

Does TBI affect VA discharge?

If you know that mental health issues like Post-Traumatic Stress Disorder (PTSD) or a Traumatic Brain Injury (TBI) did not affect your discharge, you may want to look at other resources as well. The VA online discharge upgrade tool may be a useful starting point.