books

Practice Areas

Veterans Law Attorneys – Trusted VA Discharge Upgrade Attorneys in Cincinnati

VA Discharge Upgrades Attorney Cincinnati OH

Veteran with an Attorney

Your discharge from military service in the United States Armed Forces is not always cut and dried. Have you received a General Discharge Under Honorable Conditions? Did you receive an Other than Honorable Discharge? Your summary of service and discharge status can be found on your Department of Defense Form 214 (DD-214) and a less-than-honorable discharge can have a negative impact on your ability to receive educational and disability benefits.

Veterans who have received a less-than-honorable discharge after their time in service may be missing out on key benefits or job opportunities – and a VA discharge upgrades attorney in Cincinnati, OH can help. Veterans Law Attorneys has more than 20 years of experience in the courtroom and is here to help veterans in the Cincinnati area and nationwide to upgrade their discharge rating in order to receive benefits they have earned.

For many veterans, a less-than-honorable discharge can be a reflection of a complex situation that goes beyond their service record. Disciplinary actions, medical issues, untreated mental health problems, or personal crises can lead to an outcome that may seem unfair or inconsistent with the veteran’s overall service. An upgrade in discharge status can be life-changing, providing access to benefits, healthcare, and job opportunities that were previously out of reach.

Why Your Military Discharge Status Matters

Your discharge characterization has a much greater impact on your eligibility for VA disability compensation, educational benefits such as the GI Bill, VA healthcare, home loan guarantees, and even civilian job opportunities, than just how well your service is remembered. Many employers and licensing boards take into account your military discharge status when considering applicants.

A discharge upgrade does not erase past mistakes, but it can correct injustices and recognize mitigating circumstances. It can also acknowledge honorable service that may have been overshadowed by a single incident or difficult period.

What Makes a VA Disability Claim “Fully Developed” – And When Should You File One?

How To Upgrade a Military Discharge

Do you feel that your military discharge rating is incorrect or unfair? Have you missed out on important veteran benefits and opportunities because of it? You can apply to have your discharge status upgraded via a pair of military boards – a Discharge Review Board or the Board of Correction for Military Records. The application process for a discharge upgrade can be complicated and Veterans Law Attorneys can help you navigate the process.

Each branch of the military has its own review process, procedures and standards. It is crucial to choose the right board and present a well-supported case in order to be successful. Many veterans have had their applications denied simply because they lacked sufficient evidence or did not clearly explain why their discharge was inappropriate or unfair.

Understanding the Military Review Boards

Blind Lady of Justice with Scales

The Discharge Review Board can upgrade your standing from a General Discharge, Other than Honorable Discharge or a Special Court-Martial Bad Conduct Discharge and can change the reason for your discharge as listed on your DD-214 Form. The Board for Correction for Military Records provides an opportunity for veterans who have received a General Court-Martial Discharge, Medical Retirement or Medical Discharge with the chance to upgrade their discharge status – a Discharge Review Board cannot upgrade your discharge in those scenarios.

The Discharge Review Board typically reviews discharges that were issued within the last 15 years. They focus on whether the discharge was fair and in line with military policies at that time. The Board for Correction of Military Records has broader authority and can review older discharges or correct errors that are outside the Discharge Review Boards’ jurisdiction.

Can I Get a Military Discharge Upgrade?

Do you need to know if you can get a military discharge? You can apply for an upgrade or change in the reason for discharge with the Discharge Review Board of your specific branch of service. To win your appeal and upgrade your discharge status, you will have to provide evidence that your discharge was improper or inequitable. 

  • Improper – Your discharge was incorrect or inconsistent with the letter of the law and the facts.
  • Inequitable – Your discharge was inconsistent with the policies, regulations and traditions of the military service.

A discharge that may warrant an upgrade involves a veteran who served with honor for the majority of their time in service and has a single bad decision on their record. There are a few factors that may provide a strong case for a discharge upgrade if you can show that your discharge is connected.

  • Post Traumatic Stress Disorder (PTSD) and Mental Health Issues
  • Service-Related Traumatic Brain Injury (TBI)
  • Sexual Assault or Sexual Harassment – Known as Military Sexual Trauma (MST)
  • Sexual Orientation – Don’t Ask, Don’t Tell

In recent years, military review boards have become more open to evidence related to mental health conditions and trauma. Policies have changed to require boards to take “liberal consideration” of claims involving PTSD, TBI, MST, and other service-related mental health issues, even if they were not diagnosed at the time of separation.

This shift acknowledges that many veterans have been disciplined or separated from service without proper medical assessment or support. Legal assistance ensures that these protections are fully implemented in your case.

Evidence That Can Strengthen a Discharge Upgrade Case

Successful discharge upgrade applications require strong supporting evidence. This can include service records, medical records, Veterans Affairs disability ratings, expert opinions, witness statements, and personal accounts explaining the circumstances leading to the discharge.

Post-service behavior also matters. Evidence of rehabilitation, stable employment, education, community involvement, and lack of further legal troubles can demonstrate character and support the argument that the original record no longer accurately reflects who you are today.

Learn More About VA Medical Malpractice

How Can a Veteran Discharge Upgrade Attorney Help in the Cincinnati Area?

The application for a military discharge upgrade can be a complicated process and we can help at Veterans Law Attorneys – located in the Cincinnati area. We can help you with the step-by-step process, help you organize your case and represent you in front of the Discharge Review Board. Enlist the Veterans Law Attorneys Team to serve as your veteran discharge upgrade attorney in Cincinnati, OH and we will help you get the benefits you deserve.

Contact Veterans Law Attorneys today for a quick consultation and we will help get you started!

Common VA Discharge Upgrades FAQs

What are the practical consequences of a less-than-honorable discharge?

A less-than-honorable discharge (General, Other Than Honorable, Bad Conduct, or Dishonorable) can act as a lifelong barrier to critical benefits. It typically makes you ineligible for VA healthcare, GI Bill education benefits, VA home loans, and most VA disability compensation. It can also hinder civilian employment opportunities, professional licensing, and eligibility for certain government jobs. Upgrading your discharge is often the key to unlocking the support you earned through your service.

What’s the difference between the Discharge Review Board (DRB) and the Board for Correction of Military Records (BCMR)?

The Discharge Review Board (DRB) can upgrade discharges based on impropriety or inequity but cannot change your actual service records. It reviews General, Other Than Honorable, and certain Bad Conduct discharges. The Board for Correction of Military Records (BCMR) is more powerful; it can correct your official military record, upgrade any type of discharge (including General Court-Martial and Medical), and restore lost rank, pay, or benefits. We determine the correct board for your case based on your discharge type and goals.

How do you prove my discharge was “inequitable” or “improper”?

We build a persuasive narrative supported by evidence. Impropriety means a legal error occurred in the discharge process (e.g., violated your rights, incorrect procedure). Inequity means the discharge was too harsh given your overall service record, mitigating circumstances, or current societal standards. We use your service records, performance reviews, awards, medical evidence (like PTSD/TBI diagnoses linked to misconduct), character statements, and expert testimony to prove your case.

Can I get an upgrade if my misconduct was related to PTSD, TBI, or Military Sexual Trauma (MST)?

Yes, absolutely. This is a critical and common basis for upgrades. The military now recognizes that misconduct may be a symptom of untreated service-connected conditions like PTSD, TBI, or the severe stress of MST. We work to obtain nexus letters from mental health professionals linking your diagnosis to your service and the misconduct that led to your discharge. This evidence is often pivotal in showing the discharge was inequitable given the mitigating circumstances.

Is there a deadline to apply for a discharge upgrade?

There is no formal deadline, but it is strongly advised to apply as soon as possible. For the Discharge Review Board (DRB), you generally must apply within 15 years of your discharge date. The Board for Correction of Military Records (BCMR) has no time limit. However, applying sooner improves the availability of witnesses and evidence, and, most importantly, grants you access to denied benefits much earlier.

What is my role versus my attorney’s role in the upgrade process?

You are the essential witness to your own story. Our role is to be your legal strategist, guide, and advocate. We handle all complex legal procedures: obtaining and analyzing your full military records, identifying legal arguments, drafting the persuasive application packet, gathering supporting evidence and affidavits, preparing you for testimony, and providing skilled representation at any hearing. You focus on providing us with honest details and documents; we build and present the winning legal case.

Related Articles