The Veteran's Self-Help Guide to Discharge Upgrading
You, the veteran with the Bad Discharge Paper, know the problems it can cause; keeping you from good jobs, from using the Montgomery GI Bill you earned, from free medical care, or forcing you to hide a part of your life. You are not alone. Thousands of men and women leave the service each year with General Discharges, Undesirable Discharges (now called “Under Other Than Honorable Conditions” (OTH) Discharges. Including the blue discharges issued to WW-II vets, as many as 3 million bad discharges have been given.
Often it didn’t take much to get kicked out-- You got drunk a few times; left base to take care of family or personal problems when you couldn’t wait for official permission; developed a personality conflict with your Commanding Officer or simply couldn’t handle what you were asked to do. You Commander may have offered you a discharge; and you took the offer without really understanding its impact. You may even think that what you did was wrong, but to be labeled “undesirable” or have a suspicious “General” discharge for the rest of your life is too much to pay.
You can do something about it now and you have nothing to lose by trying. The process is completely private; no one will come around to interview your neighbors or tell your employer, and don’t worry; an up-grade does not mean you have to go back into the military. The discharge you have now cannot be made worse either. Even if you’ve been through the process once before and were turned down, you can often apply again.
Some types of cases often result in an easy change in discharge (ONCE YOU APPLY). Examples of these cases are discharges after serving in Vietnam; discharge for homosexual acts, discharges from the 1960’s and early 1970’s for drug or alcohol-related
problems. For “character” and “behavior” disorders, all cases where you can argue you were treated unfairly.
types of discharges from the 1940’s and 1950’s, and cases where you can argue you were treated unfairly
While some reviewing boards are better than others, the current overall up-grade rate is approximately 10%. The bottom line is that you will get no change without first making an application.
SUMMARY: To up-grade your discharge, first get your Service Records, then apply to the Discharge Review Board or Board for Correction of Military Records. Which Board you use depends partly on what law permits and partly on what you want. You are asking the Board to consider whether your discharge is both fair and proper. The board looks at your official records, your application and your careful explanation about why you should get an up-grade and other supporting letters and documents you provide. Sometimes the Board only considers your request after you meet with it in a formal hearing.
The board votes on your case and then mails you a written decision.
Step 1 (Get Help)----Because only 1 out of every 10 veterans win at the review boards, it is important to prepare you case carefully. You may be able to find a private attorney or Veterans Service Representative to represent you for a fee (Lawyers Only). Law students at some law schools provide free assistance. If you have limited income, you may qualify for free legal assistance from a local legal aid office. The American Red Cross and veteran’s service organization also offer help for free in preparing Discharge Up-grading cases. Almost every state has a Department of Veterans Affairs or County Veterans Service Office that may be able to provide assistance.Select a representative carefully. Be sure he or she is available to give you the attention you deserve. Talk to your representative at least once per month while your application is pending. If you do not understand something about your case, ask about it. You also have a responsibility to help your representative get important information and explain the circumstances that surrounded your discharge.
Step 2 (Get Your Service Records)----A copy of your service and medical records is available to you FREE. You need your records to refresh your memory and to see what the Official Records say about your tour of duty and discharge,. If the Official version is not the whole story, you should set the record straight. But you can not do so unless you get your records first.Use Standard Form SF-180 (Request Pertaining to Military Records) to order your records from the National Personnel Records Center in St. Louis, Missouri before sending in your application for the up-grade. Call the nearest VA office (1-800-827-1000) or visit your local County Veterans Service Office to get a copy of the form.
Caution: Do not lose your chance to apply to a DRB by waiting to long (see Step 3) if you were discharged close to 15 years prior to your submission as you may need to file the SF-180 and appropriate application form at the same time; otherwise wait to file the application until after you get your records). If you already sent in your application, you should write to the Board for free copy of your records.
How to Fill out the SF-180-----Most of the form is self-explanatory, but there are two places where we suggest you use special language. Item #1 check UNDELETED for the specific year of discharge. Item#2 Other Information and or Documents Requested; enter ANY AND ALL SERVICE MEDICAL RECORDS. Send to the address located on the rear of the form.
How long does the process take----Complain if you have not received your records in 4-6 weeks. Send another copy of the SF-180. You might need to ask your U.S. Representative or Senator to intervene on your behalf to help you get your records.
Missing Records----There was a fire in 1973 at the National Personnel Records Center, St. Louis, Missouri that destroyed approximately 16.5 million veterans records. If your records are missing, you should be sent a “Service History Questionnaire” to help the center re-construct your records from other sources. Even if no records are ever found, or available, you can still have your discharge reviewed and up-graded. When records are missing, you will just have to provide as many details about your tour of duty as you can and try to attend a hearing in person to talk to the Board about your tour. If you think you were not sent all your records, make a second request (an “Appeal).
Other Records----Records of investigations, transcripts of court-martials, and hospital records are sometimes also available. Add these records to your list if they exist. The National Record Center may tell you to write to another office for certain records or to provide more specific details to help them locate a particular record. The Records Center may not want to send certain medical records straight to you, but may ask you to name a doctor to receive these records (usually psychological and drug treatment). If while on active duty, you were seen at Sick Call or treated as an In-Patient or Out-Patient at a hospital, you must say you want those records and include the Name of the Unite you were attached to when seen at Sick Call and the year and the name of the hospital
and the year and type of medical treatment you received.
Step 3: Choose the Correct Application----It makes a difference to which of the two Boards you submit your application to. The DRB is usually faster than the BMCR. You have a right to appear in person before the DRB (Washington, DC, or at certain Regional office locations) and almost everyone does better when they are there in person at the BCMR but its powers are greater. For example, on the BCMR it can change a discharge to a Medical Retirement or Change a reenlistment Code (NOT FOR RE-4’S). Sometimes you have no choice of the board and you save time if you choose the right application for to begin with.
In general, there are basic rules about which is the correct form to use:
If your Discharge is less than 15 years old and it was a General or an Undesirable or a Bad Conduct Discharge (from a court-martial), apply to Discharge Review Board (DRB) with a DD Form 293.
If your discharge is older than 15 years. Do not apply as the time period for submission has passed.
If you have a BCD or DD from a general court martial, you MUST apply to the Board of corrections of Military Records with a DD Form 149.
If you went to the Discharge Review Board before, you can usually go back to it again unless you were discharged more than 15 years ago. We suggest you go to the DRB first, whenever the rules let you, but keep in mind that you can always go to the BCMR if the DRB turns you down or if you missed the 15 year cut off deadline to apply to a DRB.
Step 4 (Fill out the Application)----NOTE: New application forms are issued every few years. You must try to use the most current edition of the necessary forms. As of this date the current revision of this self-help guide; the DD Form 149 is dated May 2005 and the DD Form 293 is dated March 2004.
If you need an appropriate application, call any VA Regional Office or a County Veterans Service Office.
f you need an appropriate application form, call any VA office or County Veterans Service Office to assist you. (Both Forms are attached to this Guide) The first part of either form is self-explanatory. We uggest you always ask for THREE issues:
An Up-Grade to an Honorable Discharge
A change in reason for discharge to “Convenience-of-the Government"
A reenlistment Code change to RE-R1 and corresponding Separation Program.
Number/Designator---- “Request these three items in Block 6 of the DD Form 293 or Block 5 of the DD Form 149. If there is a more appropriate reason for your type of discharge use that item.DO NOT TRY to squeeze in all the reasons you want an up-grade on the application for---it is not large enough. SEE Step 5, put the following words in Block 6, ISSUES, of the DD Form 293 or Block 9 of the DD Form 149; “SEE ATTACHED ISSUES”. Be sure to check off Block 8 of the DD Form 293.
More About the DD-293---- Block 4 of the DD Form 293 gives you three options of how you want the DRB t consider your case; (1) after your personal appearance before the DRB in Washington DC to explain why you ant an Up-Grade; (2) after your personal appearance before the DRB in a city near you to explain why you want an p-Grade; or (3) after the DRB has looked at your military records any papers you sent (no personal appearance).
In theory, the best method to maximize your opportunity for an Up-Grade is to apply to the DRB two different times in the following order:
1st Time: Record Review (check Block 4.c) if you list counsel in Block 5 be sure that counsel will not make an appearance without you. If they do, you might lose your opportunity for a later personal hearing.
2nd Time: Appear at hearing (Check block 4.a or 4.b with counsel if at all possible.
One reason to apply for only a record review the first time is if you are interested in receiving a quick decision nd feel certain your case is an easy Up-Grade. You should understand that these days, there
are almost no easy cases. If you or your respective representative never appeared before the DRB and it disapproved your request, you can have another shot at an Up-Grade by asking for a personal appearance the next time. (If you ask for a personal hearing and then do not show and also fail to provide an explanation as to why, the DRB counts that as your only chance for a personal appearance). Also, you can better prepare the next time because you will know what the DRB states are the problems with your Up-Grade package.
Caution: If you were discharged 15 years ago, you had better ask for the personal appearance now since you probably will not have enough time to ask for another personal hearing before your 15 years maximum is up. (If you miss this deadline, use a DD Form 149 and go to the BCMR).
The problem with applying two (2) times is that this process takes a long time if you don’t win an initial Up-Grade on the first application. If you want to maximize your chances for an Up-Grade on the first submission, you should know that you greatly improve the chances for an Up-Grade if you talk to the DRB in person with counsel (and give them a carefully written explanation).
More on the DD-149 Deadline----Block 6 I believe the Record to be in error or unjust for the following reasons of the DD Form 149 is VERY important. You should put in block 6 the date the DRB last denied your request for Up-Grade. If you have never applied to a DRB, put the date of your discharge in block 6. You and your respective representative should discuss how to put the latest date the is possible in block 6. The BCMR’s are denying many submitted applications on the grounds they were filed more than three (3) years after the date of discharge. To avoid losing you case for this reason, you and your representative should consider whether you can put a later date in block 6 than the original date of your discharge.
Some possibilities are:
The date your representative made you aware that your bad discharge should be Up-Graded because there was an “error” or injustice committed.
The date the Military Department changed their standards making it easier for you to get an Up-Grade based on the new standards.
The date you obtained your military records from the National Personnel Records Center and then discovered the particular error or injustice.
If you are applying more than three years from the date you put in block 6, you MUST explain why the BCMR’s should still consider your particular case for Up-Grade. If any of the following statements are true, then insert them in block 6:“I was un-aware that the BCMR was available to Up-Grade my military discharge”
“I have been unable to find a counsel/ representative until now”.
If there is a more specific or other multiple reasons why it is “in the best interest of justice” for the BCMR’s to consider your Up-Grade case, then state so specifically. If your application is returned to you because the BCMR does not agree to review your case, contact one of the Veteran’s organizations listed on the last page for further advice on specifically to get the board to re-consider your case or to appeal to the Secretary of the military service from which you were discharge. Also always ask for a hearing at the BCMR even though you probably will not obtain one.
More on both of the Forms!----Finally, for either of the forms (DD-148 or DD293), fill in your complete address at the bottom, sign the form, and make extra copies. Mail the original form along with your ISSUES (see Step 5) and any other supporting paper work you want the board to consider to the address listed on the particular form used. If possible, send everything under Certified Mail, Return Receipt Requested. Keep a copy for yourself and be sure to notify the board of any future address changes.
Step 5 Carefully Explain Why you want the Up-Grade!----Nothing 100% guarantees an Up-Grade, but if you follow these directions and those on the application forms, you can fore the DRB or BCMR’s really to be very careful in looking at your case. When you are careful, the board must be careful—that can help lead to an approval of your U-Grade.
The board is looking mostly for evidence that your discharge was unfair or would not happen in today’s military. They want to discover why you feel you were treated unfairly. They want to find out why you fee you should have been given a better discharge that what you received. Remember that as you prepare your case. Do not just write a letter saying your discharge is unfair and you want to go to school under the GI Bill or you want a chance at a decent job or you want to go back into the service and prove yourself. Those are not the reasons the DRB or BCMR uses to Up-Grade previous discharges.
To make your job easier, the ISSUES on pages 11 & 12, list many reasons used by the board to Up-Grade discharges. Check the box next to the reasons that fit your particular case. You should add any other reasons you think of. Use the ISSUES attachment as a model. Copy the particular reasons that fit your case; number each reason (1,2,3, etc.,) and add a few sentences to explain the details of why you think a particular reason fits your case. It is always good to try to use your own words to fully explain your request. When you are finished, staple your attachment to your application form. You can always add more reasons until the time the board considers your case. Be sure to check off block 7 of the DD Form 293 if your are sending an attachment along with the DD Form 293.
Step 6 Collect Supporting Documents!----Letters from several people can help your case a lot. For example, letters from co-workers or employers that say you do good work; certificates from schools or civic organizations and churches; a clearance from the local police department and the FBI; a letter from your spouse saying you are a responsible family person; a copy of your credit rating from the local credit bureau (especially important if you were discharged for bad debts); letters of Appreciation from Community leaders or friends; birth certificates of your children---these are all documents that will show you have been a good citizen since your discharge date and so should be deserving of an Up-Grade. When you contact these people for letters you do not have to tell them why you want the letters, just explain you would like a “character reference” addressed to “Whom it May Concern”. Even better than character references are letters that corroborate or support why you originally had trouble in the military. Be sure to list all these documents in block 7 on the DD Form 293 or block 9 on the DD Form 149. Even after you mail your application form, you can still add letters of support or documents to your request package.
Other Important Information
How Long does this Up-Grade process take?----Ordinarily, you should receive a letter from the board within two (2) months that states it has received your application and has obtained your particular ecords. The board may also ask you for additional information or tell you about other items you can do to assist your laim. Any letter from the board is very important. Read it carefully and answer any and all of the request quickly (if you have a representative, consult with him or her first).
Getting a decision can take 4 to 18 months from the date you first apply. If you appeared before the board in person, you should get a decision no more than six (6) weeks after the hearing. If you asked the board to decide your case without a personal appearance you should get a decision in approximately 6 months.
If you asked for Personal Hearing!----There will be 5 high-ranking, uniformed officers to talk to at the Discharge Review Board. You improve your chances for an Up-Grade if you show up; you seriously hurt your case if you do not show up without writing the board ahead of time with a good explanation for missing a scheduled hearing, the DRB will consider the missed hearing as your only shot at a personal appearance.
You will receive a letter in about 60 days before the hearing asking you to confirm that you will appear; you must respond quickly. Prepare for your hearing. Be sure to shine your shoes like you were back in Boot Camp---and dress up like you were going to a formal wedding. Even after preparing you can still expect to be nervous at the hearing. Admit to the board you are nervous and apologize for it---that my put both you and the board more at ease. You will be sworn in at the beginning of the hearing and will have a chance to make a statement on your behalf. Bring five (5) sets of any exhibits or documents to the hearing---one for each of the board members. As you explain the reasons for your discharge and describe what happened to you in the military, and what you are doing now, hold up the various parts of your service record or letters of support that you are referring to. The questions that board members will ask are very important. Make eye contact with the questioner and answer directly and honestly (even say “yes sir” or “no ma’am”). Offer to give more details or explanation on any points that may confuse the board members. But do not read into the tone of the questions whether you will win or lose. The board wants to know the reasons you got into trouble. Do not try to cover up what is obvious from your record. Just explain it. Feel free to further explain any questions if you later think of a better or more appropriate answer to the question. Do not be afraid to go alone, but if you can get a qualified representative to go with you “DO SO!!!”. The board has been told to be polite to all civilians and they cannot hurt your case, prosecute you or force you back into the service. Do not bother bad-mouthing the service---even if you fee the urge to do so. But if there was a particular person who had it in for you, then tell the board.
If you lose at the DRB!----Do not be discouraged; you will get nowhere if you do not keep at it. If you lose at the DRB, but you or your counsel did not appear before the board in person; you can ask for another hearing, this time in person. You can also take the same arguments and supporting documents you sent to the DRB and send them to the BCMR (with a DD Form 149). This is a very good idea because the BCMR is not tied down by what the DRB did or did not do; the BCMR often Up-Grades cases turned down by the DRB. The BCMR thinks good conduct since your discharge is very important and can Up-Grade for that reason alone. If you do go to the BCMR make sure that the papers you send are a complete as possible, because you almost NEVER get a chance to talk to the BCMR members to fill in any gaps in your story.
Expand on your reasons for wanting an Up-Grade and argue against the reasons the DRB gave for turning down your Up-Grade request. Even if a BCMR turns you down, you may be able to get an Up-Grade by going to civil court.
If you Want VA Benefits!----You are usually eligible for VA benefits if you received an Honorable or a General Under Honorable Conditions discharge, and served the appropriate minimum period of time. Although for most Vietnam era veterans, educational benefits may have expired, Post-Vietnam era veterans usually have 10 years from the date of an Up-Grade to fully Honorable to use the educational benefits. If you have an UNDESIREABLE, BAD CONDUCT DISCHARGE or a DISHONORABLE DISCHARGE, from your last tour but have a prior honorable, you can often obtain benefits because of the prior honorable discharge. If you have an UNDESIREABLE DISCHARGE, but need VA medical care to medical problems incurred in the “line of duty” apply immediately to the nearest VA Medical Center. If you want VA benefits now, you can go immediately (without waiting for the military to decide about your Up-Grading of your discharge) to the nearest VA or County Veterans Service Office and apply for the benefits you feel you are entitled to. The VA can decide on its own without waiting for the military, that you can have benefits even if you now have an UNDESIREABLE DISCHARGE or a BAD CONDUCT DISCHARGE (from a special court-martial only). The VA does not do this very often and this may delay getting your records to the DRB OR BCMR
Discharged for Homosexuality?----A change in the VA regulations (effective 31 December 1979) says that a veteran who was discharged with an UNDESIREABLE DISCHARGE or a BAD CONDUCT DISCHARGE from a special court-martial for homosexual acts that did not involve aggravating circumstances are no longer a preventative bar from benefits and so does not have to receive an Up-Grade of discharge first before applying for VA benefits.
Discharge for Excessive AWOL!!!----If you were discharged because of AWOL (absent With Out Leave) of a period of longer than 180 continuous days; the VA can and will decide NOT to give you any and all benefits, even if the DRB or BCMR’s Up-Grades your discharge to HONORABLE. The VA makes a separate examination of your records to see if there were any “compelling circumstances” that would explain the excessive AWOL time. On the other hand, if you get an Up-Grade from a BCMR’s the VA cannot question the results. Contact one of the Veterans Organizations listed on the last page if the VA does not agree to give you the requested benefits
.NOTE: You have a right to question any decision by the VA; read any letter denying you the benefits carefully for the proper procedures in which to file an appeal.
Reenlistment & Spin Codes!----An RE (Reenlistment Code) is assigned at the time of discharge from the military depending on the reason for the type of discharge issued. An RE-R1 means you are immediately eligible for reenlistment; an RE-4 means you are permanently barred from reenlisting at any time in the future in the military. A BCMR has the authority to change an RE code as long as it is not an RE-4. This particular code is assigned by the Commanding officer upon discharge and can not or will not be changed. Some reenlistment codes do not automatically bar you from reenlisting and you can ask a recruiter for more information about applying for reenlistment.
A SPIN code or SPD (Separation Program Designator) is a 3-letter or 3-digit code that is supposed to mean exactly the reason for your discharge on you DD-214. If there is a mistake of just one letter or digit of the code, the code may look worse than it should. To double-check whether the code is correct, ask for an explanation from the National Personnel Records Center by using a Standard Form 180 (SF-180) application.
Incarcerated Veteran!----Our advice is to wait---if possible---until you have been released from custody to request an Up-Grade. However, if the 15 year deadline to apply to the DRB is getting close to the deadline, and you will not be released before then, then go ahead and apply immediately. Try to take the time to do extra research getting and reviewing military discharge regulations and also by using the discharge index. Be extra careful to keep the board apprised on any and all address changes upon release from incarceration. Prisons will not forward mail to you upon release.
Other Avenues for Information on Discharge Up-Grades!!----California Veterans Service’s Offices have accredited representative that can and will assist you with any and all questions concerning your discharge and how to Up-Grade it. They can as well provide any administrative support you may need in completing your Up-Grade package as well.
Publications!---- An 8 page guide to applying for a change in your military discharge. A single copy for $5.00 prepaid from the Veterans Education Project, P.O. Box 42130, Washington, DC 20015.
The Veterans Advocate!----This publication is a monthly newsletter that covers developments in Discharge Up-Grading and Veterans Benefits; targeted for advocates; subscription information is available from NVLSP, 2001, S. Street, NW, Ste 610, Washington, DC 20009.
The Vietnam Veteran’s Survival Guide!----300 pages; sections on the Veterans Administration Benefits, Claims Procedures, strategies, advocacy tips; paperback, published by Ballantine Books.
The Vietnam Veteran’s Survival Guide!----300 pages; sections on the Veterans administration Benefits, Claims Procedures, strategies, advocacy tips; paperback, published by Ballantine Books.
Discharge Index to DRB / BCMR Decisions!----Issued quarterly in microfiche format; available free to most Non-Profit organizations; nominal fee to any others; contact: DA Military Review Boards Agency, ATTN: SFMR-RBS-AR, Washington, DC 20310.
Service Department Discharge Regulations!----Regulations pertinent to discharge procedures and the process are free from: DA Military Review Boards Agency, ATTN: SFMR-RBS-AR, Washington, DC 20310.
The National Veterans Legal Services Project!----This particular organization if funded by the Vietnam Veterans of America, the Agent Orange Class Assistance Program and the Federal Legal Services Corporation to provide service or referrals to veterans and their advocates. To learn more about its services and available help or to obtain a copy of its resource list, write: NVLSP, 2001 S. Street, NW, Ste 610, Washington, DC 20009. |
