How to Reverse a Dishonorable Discharge for
Military Veterans
A dishonorable discharge from the military can significantly impact a veteran's life, affecting employment opportunities, benefits, and overall reputation. However, it’s important to know that reversing a dishonorable discharge is possible through a process called
“Character of Service” review.
The first step is to gather all relevant military records, including your discharge papers (DD 214) and any documentation related to the circumstances of your discharge. Understanding the reason for your dishonorable discharge is crucial, as it will inform the arguments you can make for reversal.
Next, consider filing a petition with the Army Discharge Review Board (ADRB)
or the
Board for Correction of Military Records (BCMR). The aforementioned BCMR link contains the forms needed to submit your status upgrade request.
Both boards have the authority to review and potentially change the terms of your discharge. When preparing your application, it’s essential to provide clear evidence that supports your case. This may include character references, proof of rehabilitation, and any other documentation demonstrating your positive contributions since your discharge.
You may also want to seek assistance from a veterans’ organization or legal aid service that specializes in military discharge issues. These organizations can help you navigate the complexities of the application process and improve your chances of a successful outcome.
Part Two
Reversing a dishonorable discharge for Military veterans involves a systematic process that requires careful preparation and documentation. Here’s an overview of the steps involved:
1. Understand the Reasons for Discharge
- Review your military records, including your DD Form 214, to understand the specific reasons for your dishonorable discharge. Common reasons include:
Criminal convictions.
misconduct.
Violations of military regulations.
2. Gather Documentation
- Collect all relevant documents, such as:
- Your DD Form 214.
- Supporting evidence that shows your conduct since discharge, such as character references, letters of recommendation, and evidence of rehabilitation.
- Any records that may support your case, including court documents, military performance evaluations, and personal statements.
3. Consult Legal Assistance
- Consider seeking help from a legal aid organization or veterans’ advocacy group that specializes in military law. They can provide guidance on the process and help you prepare your application effectively.
4. File with the Appropriate Board
- Army Discharge Review Board (ADRB): This board reviews discharges and has the authority to upgrade them. You can submit an application to the ADRB, which typically requires:
- A completed application form.
- Your supporting documentation.
- A personal statement explaining why you believe your discharge should be upgraded.
- Board for Correction of Military Records (BCMR): If the ADRB denies your request or if you prefer, you can apply to the BCMR for a correction of your military records.
5. Attend a Hearing (if applicable)
- Depending on the board’s procedures, you may have the option to attend a hearing. Be prepared to present your case, answer questions, and provide further evidence if needed.
6. Wait for the Decision
- After your application is submitted, be patient as the review process can take several months. You will receive a decision in writing, which will outline the board’s findings and any changes to your discharge status.
7. Follow Up
- If your request is denied, you may still have options, including appealing the decision or seeking additional avenues for relief through federal courts..
Part Three
DETAILED LIST OF WHAT YOU WILL NEED
When filing a petition with the Army Discharge Review Board (ADRB) to seek an upgrade of a dishonorable discharge, it is essential to provide thorough and well-organized documentation to support your case. Here’s a list of necessary documentation typically required:
1. Completed Application Form
- Fill out the appropriate application form for the ADRB. This is usually the DD Form 293, or DD 149 in longer then 15 years "Application for the Review of Discharge from the Armed Forces of the United States."
2. DD Form 214
- Include your DD Form 214, which details your military service, including the nature of your discharge. This form provides the board with essential background information about your service. If you lost your DD214 You can request one here: DD 214.
3. Personal Statement
- Write a detailed personal statement explaining why you believe your discharge should be upgraded. Address the circumstances surrounding your discharge, any mitigating factors, and your subsequent behavior and contributions to society.
4. Supporting Evidence
- Provide any evidence that demonstrates your rehabilitation and character since your discharge. This may include:
- Character References: Letters from friends, family, employers, or community leaders who can vouch for your character and contributions.
- Evidence of Rehabilitation: Documentation of any treatments, counseling, or programs you have completed since your discharge, such as substance abuse rehabilitation or vocational training.
- Employment Records: Letters from employers or job records showcasing your work history and reliability.
5. Medical Records (if applicable)
- If your discharge was related to a medical condition or if you received any treatment related to your military service, include relevant medical records or documentation.
6. Court Records (if applicable)
- If your dishonorable discharge was due to a criminal conviction, provide documentation relating to the case, including any evidence of rehabilitation, expungement of records, or completion of sentences.
7. Additional Documentation
- Include any other documents that may support your case, such as:
- Performance evaluations or commendations received during your service.
- Documentation of community service or involvement in veteran organizations.
8. Review Board Instructions
- Follow any specific instructions provided by the ADRB regarding submission guidelines, deadlines, and additional requirements. Ensure that your documentation is organized and clearly labeled.
Conclusion
Thorough documentation is critical when petitioning the ADRB for an upgrade of a dishonorable discharge. Preparing a complete and well-organized application increases your chances of success and demonstrates your commitment to rectifying your military record. Consider seeking assistance from legal aid organizations or veterans’ advocacy groups to help you compile your documentation effectively.
Additional Resources
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