"Ei Incumbit Probation Qui Dicit."

Proof lies on him who asserts, not on him who denies. The concept is that one is innocent until proven guilty. Regardless of what the law says about reasonable doubt, there is an unwritten presumption within the ranks of the military that if you are charged with sexual assault, then you are guilty. The stakes are your life! Your military counsel works for the same military that charged you. Consider that as you choose who represents you in your potentially life altering case.

We Are Committed To Serving You

Joseph L. Jordan, Attorney at Law travels across the globe to assist in military criminal defense matters.

Installations We Serve

Can I Get a Discharge Upgrade?

Blog

A veteran may seek to upgrade their military discharge for several reasons. Whether you are seeking to clear your name and restore your honor or want to obtain the VA benefits you feel are rightfully yours, there are several options available to you.

Which Board should I apply to?

In order to have your discharge upgraded, you will either need to have your papers reviewed by the Discharge Review Board (DRB) or the Board of Correction for Military Records (BCMR). Which board you go to will depend upon the circumstances surrounding your discharge, as each board holds different authority.

Specifically, the DRB can upgrade general discharges and court-martial bad conduct discharges, as well as change or modify the reason for a discharge. For general court martial discharges and medical retirement and discharge alterations, you will need to apply to the BCMR.

Am I eligible to get a discharge upgrade?

It can be challenging to get your discharge upgraded or to have your character of service changed. In order to accomplish this, you will need to prove that your discharge was either improper or inequitable. The discharge must have been factually incorrect or inconsistent with how the law is laid out. If you want to prove that it was inequitable, you must show that your discharge was not consistent with the traditions and policies of service.

To apply for a discharge upgrade, you will need to fill out the proper application and submit it to the correct board for review. You can complete the form online or mail it to your branch of the service. It is helpful to be very thorough and clear on your application, especially when discussing all the reasons you believe an upgrade would be fair.

Have more questions about pursuing a discharge upgrade? Talk with Attorney Jordan about your case today. Our firm has years of experience and knows how to handle complex military cases.

As Featured In: