Any man or woman who serves in the armed forces deserves a debt of gratitude. Unfortunately, the entire character of their service is often judged exclusively by their discharge status. And if that status is less than positive, it can have deep and lasting consequences for a veteran.
If you are struggling to overcome this unwelcome and undeserved issue, working with a military discharge attorney is your best option. There are ways to contest your discharge status and restore your reputation. But in order to do that, you will need to have a dedicated military discharge attorney working in your corner.
Why Work with a Military Discharge Attorney?
Your status when you are discharged from the military becomes an important part of your personal record. Whenever you apply for a job, try to rent a piece of property, or attempt to take out a loan, an unfavorable discharge status will be part of the information decision makers use to evaluate your character and risk factor. If you find yourself getting rejected unexpectedly or persistently, working with a military discharge attorney could help to clear your name and open more doors in your future.
The more urgent problem that people depend on a military discharge lawyer to resolve has to do with pensions and military benefits. Some veterans with a dishonorable discharge status are denied entitlements like VA medical coverage or access to the GI bill. If the discharge status is upgraded, it may be possible for those benefits to be restored.
How to Get a Discharge Status Upgraded
The first step you will want to take is to reach out to a military discharge attorney. The simple fact is that getting your status upgraded is hard to do even under the best circumstances. And if you hope to be successful, you will need to present a compelling case while meeting the exhaustive requirements set by the review board. There is a lot that can work against you in the midst of all that. A military discharge attorney can be a major source of information and assistance from beginning to end.
If you do plan to challenge your discharge status, there are two potential boards that you will be able to petition:
- Discharge Review Board (DRB) – Has the authority to change a discharge status of General, Under Honorable Conditions, Other than Honorable, or Bad-Conduct Discharge. A status of dishonorable or dismissal cannot be challenged under any circumstances.
- Board of Correction for Military Records (BCMR) – Handles special cases like a review after a period longer than 15 years or a review of a medical retirement.
A military discharge attorney can review the circumstances of your situation and direct you where to submit your discharge status appeal.
You are allowed to appeal for either a discharge status upgrade or a change in the discharge reason ( the ”.character of service). To get the board, you appeal to make either of these changes; you will need to prove that either is “improper” or “inequitable.” For a status to be considered improper, it must conflict with the facts or the letter of the law. For a status to be considered inequitable, it must break from established policies and traditions.
What to Submit to a Review Board
It is important to team up with a military discharge attorney early so that you can be sure you’re submitting as much helpful information as possible to the discharge status review board. You will need to fill out the application carefully because any issues not raised within the application cannot be taken up by the review board even if they are introduced later. Your military discharge attorney may also advise you to submit some or all of the following supporting documents:
- A statement outlining your case
- Statements from other soldiers you served with
- Character references from employers, clergy, or others with knowledge of your character
- Educational records and transcripts
- Your employment history post-service
- Positive credit reports
- Positive criminal records
Last Steps in a Discharge Status Upgrade
You will likely hear back from the review board within a period of two months. These boards are very careful when committing to a status upgrades. And they are only compelled by the most persuasive of applicants. Appealing your status is always an option worth pursuing, but a positive outcome is never guaranteed.
If you believe that your military discharge status is holding you back or that you were assigned a status that you did not deserve, now it the time to do something about it. Military discharge attorney Troy A. Smith understands what you are going through and how you can rehabilitate your record and reputation for good. To schedule a free consultation and get a lot of quality information, call (212) 537-4029 at your earliest convenience.
