How do you upgrade your discharge?
Find answers to your legal question.
How do you upgrade your discharge?
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From other than honorable discharge to honorable dicharge?
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Eagle1 Fox2
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Actually, it is near impossible. The rumors that anyone can get their discharge upgraded at will is something that goes back to the days when they first started drug testing soldiers and found that some tests were done improperly, thereby allowing many of those separated to have their discharges upgraded. However, this does not mean that Private Snuffy who is being separated for whatever reason can just have it upgraded because he doesn't like it.
You do have the right to appeal to have it upgraded, but I can promise you now that it will not be granted. You must show that the discharge was both "inequitable" and "improper." Inequitable means that the discharge was not consistent with the policies and traditions of the service while improper means that the discharge violated a regulation. The law that covers military discharges is in Title 10, USC, Section 1553 (see first link below).
In order to get it looked at, you must fill out a DD Form 293 (see second link below), Application for the Review of Discharge or Dismissal from the Armed Forces of the United States. From there, you will receive a hearing from a Discharge Review Board. However, I can promise you that you will not receive it. It would help to know what it is you are being discharged for, but either way, you probably won't get it. |
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jarhead2531
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You don't |
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brent.diefenderfer
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It's not impossible, in fact, everyone has the right to apply for an upgrade. Congress established standing boards to review appeals from Soldiers. While an upgrade is not automatic, you can apply for an upgrade via the Discharge Review Board or Board of Correction for Military Records. Depending on why you were discharge and whether the military followed the rules in giving you a discharge, you may be able to get an upgrade. For instance, if you they discharged for pattern of misconduct, they need to provide a lengthy counseling records and "magic language" to substantiate the discharge.
I now assist ex-soldiers in appeals to these boards as part of my private practice. Contact me if you would like to set up a free telephone consultation. |
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Marine5
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You will never get an OTH Discharge Upgraded...Never.
No matter what anyone says...
You can file all of the Paperwork you want...
It will Not be Upgraded...
In 40 Years as a Service Officer,
yet to see any OTH upgraded... |
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