Will the Military Automatically Upgrade My Discharge?

Fact vs. Myth

One of the most common urban legends in the military is that a negative service characterization or discharge will be upgraded after six months. Throughout the 15 years that I have been practicing military law, I have heard this idea repeatedly.  "I thought my discharge would be automatically upgraded after six months.” The source of this myth may be a WWII-era regulation.  The regulation required units to hold records for six months before sending them to the National Personnel Records Center. Despite the myth's source, military members mustn't waive their rights during separation. Rather than relying on rumors or the advice of “Barracks Lawyers,” all service members should consult an experienced attorney before signing any separation paperwork. After separation, the only way to have a discharge upgraded is to apply to the appropriate review board. 

Will the Board Grant the Request?

The following substantial question is: will the request be granted if a veteran applies for an upgrade? The answer to that question depends entirely on each case's circumstances and the available evidence. The review boards use a “presumption of administrative regularity” when reviewing a case.  As a result, many of the requests veterans submit are denied. The burden is on the applicant to overcome the belief and make a strong case for relief. In my practice, I encourage veterans seeking an upgrade to consult with an attorney with significant experience in this practice area because it is a unique area of the law, and it takes careful analysis and persuasive arguments to win these cases. 

Example Cases:

In one of our recent successful cases, we argued that our client's demonstrated character and community service after his military service should be considered. The Board found the argument compelling and approved an honorable discharge.  Additionally, another client's drug use and misconduct were triggered by his combat-related PTSD. As a result, the veteran received an upgrade to an honorable discharge.  The specific facts of each case were the basis of the favorable outcomes. A thorough review of recent decisions and trends at the Boards also impacted the outcome.  The review of the decisions resulted in tailoring legal arguments based on those trends. If you are a veteran interested in applying for a discharge upgrade, please get in touch with Crisp and Associates at 717-412-4676 and speak to one of our attorneys about your options. As veterans, we are passionate about these cases and always eager to help those who have served our country.