A bad conduct discharge can have serious, life-changing consequences for military personnel. This type of discharge stems from misconduct that leads to a court-martial conviction, leaving the service member with a permanent mark on their record. However, in some cases, it may be possible to seek a military discharge upgrade. This process can help restore certain benefits and improve future employment opportunities. Understanding the steps involved in pursuing this path can provide a clearer route for those affected by this type of discharge.
What is a Bad Conduct Discharge
A bad conduct discharge (BCD) is issued by a military court following a service member’s conviction for violating the punitive articles under the Uniform Code of Military Justice (UCMJ). Unlike honorable or general discharges, a BCD carries significant negative repercussions, including the loss of military benefits, loss of veteran status, and bearing the burden of having a federal conviction on your record. This discharge type can have lasting effects on both civilian life and future career prospects.
The Serious Consequences of a Bad Conduct Discharge
A bad conduct discharge carries long-term consequences. In addition to losing access to veteran benefits, including healthcare, pension, and educational assistance, civilian employers may also view a BCD as a negative mark on a potential employee’s record. This type of discharge often limits career opportunities, making it difficult for individuals to move forward in their professional lives. Additionally, a bad conduct discharge can affect personal relationships, as it may carry a social stigma.
The Possibility of Upgrading a Bad Conduct Discharge
Though challenging, upgrading a bad conduct discharge is possible. A service member can apply to have their discharge reviewed by the military’s Discharge Review Board (DRB) or the Board for Correction of Military Records (BCMR) of the respective service. These cases are determined on the basis of clemency, which means that the Board is either looking for evidence of post-service achievements or mitigating factors that led to the conviction, such as mental health issues. They will not re-litigate those matters raised on appeal to the service courts.
Eligibility Criteria for Upgrading
To apply for a bad conduct discharge upgrade, a service member must first determine their eligibility. Applications may be submitted to either the Discharge Review Board or Board for Correction of Military/Naval Records, depending on factors such as the length of time since the discharge and whether the BCD was issued at a Special Court-Martial or General Court-Martial.
The Step-by-Step Upgrading Process
- Research and Preparation
The first step in upgrading a bad conduct discharge involves thorough research and preparation. Service members must familiarize themselves with the process and ensure they meet the criteria for eligibility. This preparation is essential for gathering all relevant documents and understanding the case’s nuances.
- Gather Documentation
Gathering documentation is critical in the upgrading process. The service member must collect all relevant military records, medical documentation, and any other supporting materials that demonstrate why the bad conduct discharge should be upgraded. This evidence serves as the foundation of the appeal.
- Submit Application
The service member submits a formal application to the Discharge Review Board or the Board for Correction of Military Records, depending on the case. The application must include detailed reasons for the upgrade request, supported by evidence.
- Await Review
After submitting the application, the service member must wait for the board to review the case. The board evaluates the information, considering the arguments and evidence presented. This step often involves a lengthy wait, but the decision can significantly impact the individual’s future.
Potential Outcomes
The board may decide to upgrade the discharge, reject the request, or, in some cases, provide an alternative form of discharge that may restore certain benefits. These decisions are based on the strength of the presented evidence, and the applicant must be prepared for any outcome. Each case is unique, and the potential outcomes vary depending on the facts surrounding the original discharge.
Navigating the Appeal Process
If the discharge upgrade is denied, there is still an option to appeal. The service member can file an appeal with the Board for Correction of Military Records, where further evidence and arguments may be presented. This appeal must be carefully prepared, and professional assistance is often beneficial. Legal representation can significantly impact the chances of success during the appeal process.
Seeking Legal Assistance for Upgrading
Navigating the discharge upgrade process can be overwhelming. Seeking legal assistance from an attorney is often the best course of action. Legal professionals knowledgeable in military law can help guide service members through the complexities of the application process, ensuring that all necessary paperwork and evidence are submitted correctly.
Can a Bad Conduct Discharge Be Upgraded? Contact Our Attorneys Now!
Are you seeking a military discharge upgrade to restore benefits and improve your future? Crisp and Associates specializes in guiding service members through the legal steps required to pursue this process. Our experienced team will help you gather the necessary documents and present a strong case for review. Contact Crisp and Associates today for trusted military legal support.
