how to get military discharge code changed lawyer

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). To get your discharge upgraded or your character of service changed, you will have to show that your discharge was "improper" or "inequitable."

Full Answer

How to get a change of discharge from the military?

If your discharge is older than 15 years, you must apply for a change to your military records . The application is a simple process. You should use a DD Form 293 , Application for the Review of Discharge or Dismissal from the Armed Forces of the United States.

How can a military discharge upgrade attorney help you?

Our expert military discharge attorneys are prepared to give you the strongest case possible to change the character of your discharge and give you back your civil liberties and veteran benefits. Sign up online today or contact our office now at (888) 751-5329 to speak with a military discharge upgrade attorney.

Can I Change my Re code after discharge?

There is one exception: if the DRB upgrades an applicant's discharge, the board will also consider whether the RE code should be changed. If the applicant is considered a good candidate to return to the military, the RE code will be changed to "3A"—a waiverable code.

Can I get my military discharge records corrected?

Before requesting a records correction, you should consider speaking with an experienced attorney who understands the legal requirements and applicable laws and regulations. The Department of Defense recognizes that many veterans have been discharged unjustly or inappropriately.

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).

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.

Can the military change your discharge status?

Each of the branches of the military, including the U.S. Coast Guard, has their own discharge review boards. These boards have the authority to change or correct any discharge or dismissal from the Service, unless it was the result of a general court martial.

Can an honorable discharge be reversed?

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.

How do I change my re code on my dd214?

To change your RE code, you may need to apply to the Board for Correction of Military Records (BCMR) or Board for Correction of Naval Records (BCNR). Your recruiter may be able to help you (or refer you to someone who can help).

How do I overturn an other than honorable discharge?

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.

Can you get a Dishonorable Discharge overturned?

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.

How do I get a waiver for re Code 4?

If you are seeking a waiver or change of the RE code for the purpose of entering another branch of service, you will need to contact the appropriate service recruiter.

What is a misconduct discharge?

Seeking a misconduct discharge is an extreme measure for getting out of the military. Unlike separations for unsatisfactory performance or other designated physical and mental conditions, a misconduct separation indicates that the member is at fault or to blame for his or her behavior.

What is a re4 discharge code?

Individuals who receive a reentry code RE-4 on their DD214s are ineligible for reenlistment, and they cannot join the Navy Reserves unless the RE-4 code is overturned.

Can a DD-214 be downgraded?

If you have already been discharged from the military and you are not receiving retirement benefits, there is no mechanism to downgrade your discharge. If you were collecting retirement the only way to "downgrade" your discharge...

Can I get my DD-214 changed?

You can make a request online or by mail to get your complete military personnel record (your Official Military Personnel File, or OMPF) mailed to you. If at first you get only some of the available records, you should request the full set of records.

What is Military Discharge?

The U.S. Military discharges service members when they decide to release them from their obligation to serve. Usually enlisting in the U.S. armed f...

What are the Types of Military Discharges?

Honorable discharge Other than honorable discharge General discharge under honorable conditions Bad conduct discharge Medical separation Entry-leve...

What is Honorable Discharge?

Honorable discharge is the best type of discharge a service man or woman can receive. This is given to those who performed their duties well. Those...

What is Other Than Honorable (OTH) Discharge?

An Other Than Honorable discharge is the most severe type of administrative discharge. It does not require a court martial.It is usually given for:...

What is General Discharge Under Honorable Conditions?

This type of discharge indicates that service was satisfactory. However, it did not deserve the highest level of discharge due to performance and c...

How Does Someone Receive a Bad Conduct Discharge?

A Court martial issues Bad Conduct Discharges Prison time is possible depending on the severity of the bad conduct. This is not an administrative d...

When is a Medical Separation Discharge Issued?

A medical separation is issued when a service member has a medical condition. This can include a mental health condition. A qualifying medical cond...

What is Entry-Level Separation?

This is not characterized as a “good” or “bad” discharge. It’s simply for people who entered the service and left before completing 180 days.

What is a Dishonorable Discharge?

Dishonorable Discharges are like Bad Conduct Discharges. However, they are punitive rather than administrative.In order to get this type of dischar...

What Does Separation for Convenience of the Government Mean?

This 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...

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.

Military Discharge

The civilian population commonly believes that there are two types of military discharge: honorable discharge or dishonorable discharge. However, this is not the case. While there are two broad types of military discharge, Administrative and Punitive, each of these has many sub-categories.

Military Discharge Upgrade FAQs

The U.S. Military discharges service members when they decide to release them from their obligation to serve. Usually enlisting in the U.S. armed forces requires an eight-year commitment. This usually comes with a combination of active and reserve service.

How Do You Prepare a Discharge Review Case?

Preparing your Discharge Review Case is difficult but not impossible. First, you want to make sure that your attorney knows all the necessary procedures and protocols. A military defense attorney like Aden Wilkie has many years of experience in court martial, criminal defense, and military service.

Free Consultation with Military Discharge Upgrade Attorney, Aden Wilkie

If granted an upgrade, doors will open for you. Your future as well as the future of your family will be brighter. The Wilkie Law firm understands how important this is. Attorney Aden Wilkie has established a reputation as not only a fearless marine but as one of the most aggressive military discharge upgrade lawyers in practice.

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.

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 ...

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).

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 is the status of your discharge from the military?

The status of your discharge from the military can have a huge impact on your life and your ability to collect benefits from the Department of Veterans Affairs. As a result, you may want to seek an upgrade to your discharge, particularly if it was a bad conduct discharge or an RE-4 code ...

What is the RE code for returning to the military?

If the applicant is considered a good candidate to return to the military, the RE code will be changed to "3A"—a waiverable code. If you are seeking a waiver or change of the RE code for the purpose of entering another branch of service, you will need to contact the appropriate service recruiter.

How to support a discharge request?

How to Support Your Request. The board will upgrade your discharge only if you can prove that your discharge is inequitable or improper. You do this by providing evidence, such as signed statements from you and other witnesses or copies of records that support your case.

What happens if your discharge is not changed?

If your discharge is not changed, you will receive the decisional document of this board, which will include the specific reasons your discharge was not changed and will also include any further appeal process, which is applicable to you.

What does it mean when you receive a RE-4 code?

If you've received an RE-4 code, that means you are ineligible for enlistment in the military except for certain moral and administration disqualifications.

How long do you have to upgrade your military record?

Under the law, you must make your application for discharge upgrade within 15 years of discharge. If your discharge is older than 15 years, you must apply for a change to your military records .

What happens before a military board appearance?

Before your board appearance, you should review the examiner’s brief prior to your hearing. This brief is a summary of the available military records in your case.

Who has authority to change military records?

The secretary of a military branch, acting through a board for correction of military records (BCMR), has authority to change any military record when necessary to correct an error or remove an injustice. A correction board may consider applications for the following:

What to do before requesting a record correction?

Before requesting a records correction, you should consider speaking with an experienced attorney who understands the legal requirements and applicable laws and regulations. The Department of Defense recognizes that many veterans have been discharged unjustly or inappropriately.

How to upgrade discharge?

If you choose to upgrade your discharge through a record review, it doesn’t matter what state your attorney is in. Record reviews are conducted by paperwork and/or electronic correspondence. You can communicate with your attorney by phone and electronic correspondence.

Can a law firm charge for a discharge upgrade?

In fact, a local law firm might charge you more for the privilege of being able to meet with them in their office but turn out to be less experienced in handling discharge upgrade cases. It could pay off in the long run to shop around for an attorney who specializes in military discharge upgrades, regardless of location.

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.