Overview
Your character of discharge affects which VA benefits you can receive. If you received a discharge that was less than Honorable — General (Under Honorable Conditions), Other Than Honorable (OTH), Bad Conduct, or Dishonorable — you may have limited or no access to VA benefits. But you might be able to upgrade your discharge, which can unlock benefits you've been denied.
Discharge Types and Benefits Access
| Discharge Type | VA Benefits Access |
|---|---|
| Honorable | Full access to all VA benefits |
| General (Under Honorable) | Most VA benefits available, but some restrictions (GI Bill may be affected) |
| Other Than Honorable (OTH) | Very limited — VA makes individual "character of discharge" determinations |
| Bad Conduct Discharge (BCD) from special court-martial | Very limited — similar to OTH |
| Bad Conduct Discharge from general court-martial | Generally barred from VA benefits |
| Dishonorable | Barred from all VA benefits |
Important: Even with an OTH discharge, you may still be eligible for:
- VA health care for service-connected conditions
- VA mental health care for conditions related to Military Sexual Trauma (MST)
- Veterans Crisis Line services
How to Apply for an Upgrade
There are two main boards that review discharge upgrades:
Discharge Review Board (DRB)
- Reviews discharges from the past 15 years
- Can upgrade the character of discharge and the reason for discharge
- You can request a records review (paper only) or a personal hearing
- Use DD Form 293
- Each branch of service has its own DRB
Board for Correction of Military Records (BCMR/BCNR)
- Can review discharges of any age (no 15-year limit)
- Has broader authority than the DRB — can correct any military record
- Generally takes longer (12-18 months or more)
- Use DD Form 149
- Each branch has its own board (BCMR for Army/Air Force, BCNR for Navy/Marines)
Liberal Consideration Policies
Recent policy changes have made upgrades significantly easier for veterans whose service was affected by:
PTSD / TBI / Mental Health
The Hagel Memo (2014) and Kurta Memo (2017) directed review boards to give "liberal consideration" to veterans with PTSD, TBI, or other mental health conditions. If your misconduct was related to a mental health condition you developed during service, the boards must consider that connection.
Military Sexual Trauma (MST)
The boards now apply liberal consideration to veterans whose misconduct followed MST. Behavioral changes after MST — substance use, insubordination, going AWOL — are recognized as potential responses to trauma.
Sexual Orientation
The "Don't Ask, Don't Tell" repeal led to special review provisions. If you were discharged because of your sexual orientation, you can apply for an upgrade under specific expedited procedures.
Building Your Case
Evidence That Helps
- Medical records showing PTSD, TBI, or mental health conditions during service
- Post-service treatment records documenting ongoing mental health conditions
- Personal statement explaining the circumstances of your discharge and how military service affected your behavior
- Character references from people who know you now — employers, community members, clergy
- Service records showing good performance before the incident(s) that led to discharge
Free Legal Help
Several organizations provide free legal assistance for discharge upgrades:
- Legal Services Center of Harvard Law School — Veterans Legal Clinic
- National Veterans Legal Services Program (NVLSP)
- Local legal aid societies — many have veteran-specific programs
- Law school clinics — many law schools run veterans clinics
- Your state's bar association — may have pro bono veteran programs
The VA's Character of Discharge Determination
Even without upgrading your discharge through the military, the VA itself can make a character of discharge determination for benefits purposes. This means the VA independently decides whether your service was "under conditions other than dishonorable" for the specific benefit you're seeking.
This determination is requested when you file a VA claim. The VA will review your service records and the circumstances of your discharge.
Tips
- Don't assume you're ineligible. Many veterans with OTH discharges have been approved for VA benefits through character of discharge determinations
- Apply to both boards. You can apply to the DRB for a hearing AND the BCMR simultaneously (the BCMR route takes longer but has broader authority)
- Get legal help. Discharge upgrade applications are complex — free legal assistance is available specifically for this
- Document your life since service. Community involvement, employment, family stability, and rehabilitation all support your case
- Mental health documentation is key. If you have PTSD, TBI, or MST, get current treatment records and a nexus statement linking your condition to service
- VA.gov has an interactive tool that walks you through the discharge upgrade process step by step