What is an acceptable reason to request a discharge upgrade. Stateside. I have been separated from the Military since

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Customer: What is an acceptable reason to request a discharge upgrade
JA: Are you overseas or stateside?
Customer: Stateside
JA: Have you talked to a JAG attorney about this? Or anyone in the chain of command?
Customer: no
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I have been separated from the Military since 2000 with a BCD. My service was impeccable and I served a tour in Saudi Arabia. I have medical issues that I need addressed with the VA but I’m not qualified with a BCD.
Answered by JKEsq in 3 mins 3 months ago
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JKEsq, Expert

Hello! Thanks for using JustAnswer. My name is ***** ***** I am an attorney ready to answer your questions with top-quality service.

I’m sorry to hear you are having these problems with your legal issue. I know that can be frustrating. However, we can get this resolved quickly.

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JKEsq, Expert

You were discharged in 2000 and trying to upgrade your discharge?

Customer
Hi
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JKEsq, Expert

Got it! I believe I have everything I need, but was there anything else you’d like to add before I answered? If not, I can begin working on your answer.

Customer
No
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JKEsq, Expert

Ok! I just need a little time to do some research and draft up a high-quality answer. I'll be with you as soon as possible. It won't be terribly long!

Customer
Ok
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JKEsq, Expert

I’m sorry to hear about your issues here, hopefully, we can get them solved quickly.

You have 15 years from the date of your discharge to apply for an upgrade to your discharge status or the reason for your discharge through the Discharge Review Board (DRB). If it's been longer than 15 years, even though the DRB can't help, you can still request a "correction" to your military records from the Board of Corrections for Military Records (BCMR).

BCMRs have authority to:

  • change your discharge to or from military retirement or medical discharge
  • upgrade a general courts-martial discharge
  • change reenlistment codes
  • make other changes to military records
  • review a Discharge Review Board decision, and
  • reinstate a veteran into the military (this is hardly ever done).

Basically, BCMRs can do anything to alter your records except overturn a general courts-martial conviction.

To begin the process you need to fill out a DD-149 https://www.esd.whs.mil/Portals/54/Documents/DD/forms/dd/dd0149.pdf and send it to your applicable branch; see https://www.statesidelegal.org/cm-step-8-where-do-i-mail-my-application for those addresses.

Tell the BCMR the details of your military service and your VA medical care, including dates, and the board will retrieve these records for your case.

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JKEsq, Expert

There is also documentation you'll need to submit yourself. To get your military records corrected, you must establish that your records contain an "error" or "injustice." Be specific, state exactly what the "error" or "injustice" is in your records, and say exactly what you want your records to be changed to say. If you can get statements from people who served with you about why they agree there is an error or injustice, this will be very helpful.

Other evidence showing you have had good conduct since discharge can sway the board in your favor. For example, evidence of stellar employment history, getting an education and "bettering" yourself, or being active in your church or volunteer work can be persuasive to the board. If you had bad conduct and/or an arrest in service, showing a clean criminal record post-discharge will help.

I would strongly recommend you have a civilian military lawyer assist you with this. You really only get one shot at this. Also, keep in mind that any information you give the CBCMR becomes part of your military record she wants to be careful what you provide them.

You can find a highly-rated local lawyer on a lawyer review site like Avvo.com for your city. You can also use https://find.lawyer.com/justanswer.php?1 which will get you a free consultation and 25% off legal fees for being a JustAnswer member. If you cannot afford a lawyer and are low/no income, you can search your county legal aid office on Google for their contact information and contact them for some free legal help.

Please let me know if this has answered your question fully. I hope this information is helpful to you. If you need additional assistance or have follow-up questions, please reply to my message below, and I will respond as soon as I can.

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JKEsq, Expert

Do you have any other questions on the law on this specific question for me right now?? Please do let me know.

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JKEsq, Expert

I am checking in one last time. Was there anything else that can assist you with regarding this matter?

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JKEsq, Expert

I hope this was helpful and cleared up your question. If you need anything else, please don’t hesitate to reach out to us.

If you ever need to reach me in the future, you can post a new question with the title "ForCustomer or just add me as a favorite Expert. You'll have the option to do that on your "My Questions” page.

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JKEsq, Expert

Have a great rest of the day!

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