If you are searching for a military discharge upgrade attorney, this page explains how the discharge upgrade process works, what factors influence success, and how to build the strongest possible case for relief.

Many veterans begin searching for a discharge upgrade lawyer after realizing how much their discharge continues to impact their future.

Restore Your Record. Reclaim Your Future.

If you’re living with an Other Than Honorable (OTH), General, or even a Bad Conduct Discharge, you already know—this doesn’t stay in the past.

It affects your benefits, your career, and how you’re seen—and how you see yourself.

Many veterans carry the weight of a discharge that does not reflect who they were, what they endured, or who they’ve become.

The reality is this: many discharges can be upgraded.

But most applications fail—not because the veteran didn’t deserve relief, but because the case was not properly built, supported, and presented to the military review boards.

If you are searching for a military discharge upgrade attorney, you are likely looking for more than information—you are looking for a path forward.

At Courtney Military Law Group, P.C., we help veterans present the strongest possible case for relief through strategic legal advocacy, compelling evidence, and a deep understanding of how military review boards actually make decisions.

For many veterans, this is their one real opportunity to correct the record. How the case is built matters.

Who This Page Is For

This page is designed for veterans who:

  • Received an Other Than Honorable (OTH), General, or Bad Conduct Discharge
  • Are exploring whether they can upgrade their discharge
  • Have been denied and are considering next steps
  • Believe their discharge was affected by PTSD, TBI, MST, or other factors
  • Want to understand whether hiring a military discharge upgrade attorney is worth it

Can You Upgrade Your Military Discharge?

In many cases, yes.

But success depends on more than eligibility—it depends on how your case is built, supported, and presented to the military review boards.

Not all applications are evaluated the same way.
Understanding the correct process—and using the right legal framework—can make a significant difference in the outcome.

Working with a military discharge upgrade lawyer can help ensure your case is presented clearly, supported by the right evidence, and aligned with how military review boards actually evaluate these cases.

Two Primary Paths to Upgrade Your Discharge

There are two main ways to seek a discharge upgrade or correction of your military record. Which path applies depends largely on how long it has been since your discharge and the type of relief you are seeking.

Not Sure Which Path Applies to Your Case?

Every discharge upgrade case is different. The right strategy depends on your record, your timeline, and the legal issues involved.

Before you spend months submitting an application that may fall short, it can help to understand how your case will actually be evaluated.

👉 Start with an intake. We’ll review your case and help you determine the strongest path forward.

1. Discharge Review Board (DRB)

The Discharge Review Board is typically the first and most common path for veterans seeking an upgrade.

Key Requirements

  • Must apply within 15 years of your discharge
  • Uses DD Form 293 (Application for Discharge Review)

What the DRB Reviews

The board evaluates your discharge under three primary standards:

  • Propriety → Was there a legal or procedural error?
  • Equity → Was the discharge unfair under the circumstances?
  • Clemency → Do fairness and rehabilitation support relief?

What the DRB Can Change

  • Characterization of service (e.g., OTH → Honorable)
  • Narrative reason for separation
  • Reentry (RE) code
  • Separation (SPD) code

Types of Review Available

  • Records Review → A paper-based decision using submitted materials
  • Personal Appearance Hearing → You (and your attorney, if represented) appear before the board

👉 Strategic Insight:
Many veterans choose a records review first—but in some cases, a personal appearance hearing can significantly strengthen the presentation of the case.

2. Board for Correction of Military Records (BCMR/BCNR)

If your case falls outside the DRB window—or involves more complex issues—the BCMR or BCNR may be the appropriate path.

Key Requirements

  • No strict filing deadline (but delays must be explained)
  • Uses DD Form 149 (Application for Correction of Military Record)

What the BCMR/BCNR Can Address

  • Legal errors
  • Administrative errors
  • Injustices in the record
  • Issues not fully resolved by the DRB

When This Path Is Commonly Used

  • More than 15 years have passed since discharge
  • A prior DRB application was denied
  • The case involves complex legal or medical issues
  • The discharge resulted from a General Court-Martial

👉 Important:
The BCMR/BCNR process requires a well-developed legal argument supported by evidence to rebut the presumption of regularity.

What Can Be Changed in a Discharge Upgrade Case?

Depending on the facts of your case, a successful application may result in changes to:

  • Characterization of Service
    (e.g., Other Than Honorable → General or Honorable)
  • Narrative Reason for Separation
    (the stated reason for discharge on your DD-214)
  • Reentry (RE) Code
    (which can affect future military eligibility)
  • Separation (SPD) Code
    (used internally by the military to classify discharges)
  • Administrative Errors on the DD-214
    (including incorrect entries or omissions)

Understanding the Law: Liberal Consideration & Key DoD Memos

One of the most important developments in discharge upgrade law is the Department of Defense guidance requiring liberal consideration for certain veterans.

The Key Memos That Govern These Cases

Your case may be directly impacted by:

  • Hagel Memo (2014)
    → First major directive requiring liberal consideration for PTSD
  • Carson Memo (2016)
    → Reinforced and expanded liberal consideration standards by waiving statutes of limitation
  • Kurta Memo (2017)
    → Expanded guidance to include TBI, MST, and mental health conditions
  • Wilkie Memo (2018)
    → Clarified how boards should evaluate equity, injustice, and clemency

What “Liberal Consideration” Actually Means

If your discharge is connected to:

  • PTSD
  • TBI
  • Military Sexual Trauma (MST)
  • Depression, anxiety, or other conditions

Then the board must give special consideration to those factors.

But here’s what most veterans are never told:

👉 Liberal consideration is not automatic approval
👉 It must be supported with evidence and framed correctly

What Makes a Discharge Upgrade Case Strong?

This is where most applications fail.

Key Factors That Influence Success

1. Medical and Mental Health Evidence

  • VA records
  • Service treatment records
  • Civilian diagnoses

2. Evidence of Error or Injustice

  • Improper separation process
  • Command bias or inconsistency
  • Disproportionate punishment

3. Mitigation and Context

  • Combat exposure
  • Personal hardship
  • Leadership failures

4. Post-Service Conduct

  • Employment
  • Education
  • Rehabilitation
  • Character letters

5. Credibility and Consistency

Your case must:

  • Make sense
  • Be supported
  • Be cohesive

What Happens If You Don’t Take Action

For many veterans, a negative discharge continues to:

  • Limit access to VA benefits
  • Impact employment opportunities
  • Create long-term financial and personal consequences

In many cases, there is no automatic correction over time.

👉 If you are considering working with a military discharge upgrade lawyer, delaying the process can make it more difficult to gather records, evidence, and supporting documentation. Submit an intake form to have your discharge case reviewed and better understand your options before moving forward.

How to Request Your Military and Medical Records

Before any strong case can be built, you need the right records.

Military Personnel Records

You can request your Official Military Personnel File (OMPF) through:

Service Treatment Records

These may be obtained through:

  • The Department of Veterans Affairs (if you’ve filed claims)
  • Your branch of service
  • TRICARE or military medical facilities

Be sure to complete DD Form 2870 when requesting medical or dental records.

VA Records

If you’ve applied for VA benefits:

👉 Important:
Most veterans submit applications without fully understanding their records or assuming the DRB has full access to them.

Experienced discharge upgrade lawyers know this is one of the biggest reasons cases fail.

How the Discharge Upgrade Process Actually Works

Step 1: Record Collection

  • Personnel records
  • Medical records
  • VA records

Step 2: Case Analysis

Identify:

  • Legal theory
  • Strengths and weaknesses

Step 3: Evidence Development

  • Personal statement
  • Supporting documents
  • Expert input (if needed)
  • Post-service contributions to society

Step 4: Legal Brief Submission

A strong brief:

  • Applies Hagel / Carson / Kurta / Wilkie guidance
  • Organizes evidence
  • Tells a credible narrative

Step 5: Respond to the Advisory Opinion (AO)

Step 6: Board Review or Hearing

Step 7: Decision

  • DRB: 6–18 months
  • BCMR/BCNR: 10–24+ months

Do You Need a Discharge Upgrade Attorney?

You May Not Need One If:

  • Your case is simple
  • You have clear documentation

You Should Consider One If:

  • PTSD / TBI / MST is involved
  • You’ve been denied before
  • Your case is complex
  • You want to maximize your chances

Why Cases Fail Without Strategy

  • Weak legal framing
  • Poor evidence connection
  • Misuse of liberal consideration
  • Inconsistent narrative

How We Evaluate Discharge Upgrade Cases

When reviewing a case, we focus on:

  • Whether there is a clear legal basis for relief (error, injustice, or liberal consideration)
  • Whether the available records support the narrative
  • Whether additional evidence or expert input is needed
  • Whether the case is positioned for DRB or BCMR

Our 4-Phase Framework

1. Record Reconstruction

We identify:

  • Missing documents
  • Key evidence
  • Strategic opportunities

2. Legal Theory Development

We build your case around:

  • Improprieties / Error
  • Inequities / Injustice
  • Liberal consideration, if applicable

3. Mitigation Narrative

We develop a clear, credible account that explains:

  • What happened
  • Why it matters
  • Who you are today
  • How you will benefit from a discharge upgrade

4. Board-Level Advocacy

We prepare a comprehensive legal brief that:

  • Applies controlling DoD guidance
  • Presents your case clearly
  • Maximizes credibility

Client Experience

Military Discharge Upgrade Lawyer: Upgraded Client’s Bad Conduct Discharge

“Military Law helped me with a petition to have my discharge upgraded. I brought Kevin my case, he looked at it and said ‘I can help you.’ He did that tremendously. Kevin stayed in contact with me throughout the process and when he wasn’t able to, his office staff were always a pleasure to work with. We had 1 shot and Kevin executed the task perfectly. I would recommend anyone in need of military related legal services to contact Kevin Courtney without hesitation.”

Results depend on the facts of each case. Past results do not guarantee future outcomes.

What to Expect

No Guarantees

These cases are discretionary.

Timelines Are Long

  • DRB: 6–18 months
  • BCMR: 10–24+ months

Presentation Matters

Even strong cases fail when poorly presented.  Working with a discharge upgrade lawyer can help ensure the presentation is clear, professional, and persuasive.

Frequently Asked Questions About Military Discharge Upgrades

Can I upgrade an Other Than Honorable (OTH) discharge?

In many cases, yes.

Veterans with an Other Than Honorable discharge may be eligible to seek relief through a Discharge Review Board (DRB) or a Board for Correction of Military Records (BCMR/BCNR). The outcome depends on the facts of your case, the available evidence, and how the case is presented.

Many successful upgrades involve cases where there were mitigating factors—such as mental health conditions, personal hardship, or unfair treatment during the separation process.

What form do I use to request a discharge upgrade?

Most veterans use one of two forms:

  • DD Form 293 → Used to apply to a Discharge Review Board (within 15 years of discharge)
  • DD Form 149 → Used to apply to a Board for Correction of Military Records or Board for Correction of Naval Records

Which form you use depends on:

  • How long it has been since your discharge
  • The type of relief you are seeking
  • Whether a General Court Martial issued the discharge

What is the difference between DD Form 293 and DD Form 149?

  • DD Form 293 is used to request a discharge review by a Discharge Review Board.
  • DD Form 149 is used to request broader corrections to military records through BCMR or BCNR, to appeal a denial by the DRB, or if the veteran was discharged more than 15 years ago.

In general:

Can I seek a discharge upgrade after 15 years?

Yes.

While Discharge Review Board applications are generally limited to 15 years from the date of discharge, you may still seek relief through a Board for Correction of Military Records (or BCNR for Navy and Marine Corps cases) using DD Form 149.

However, you may need to explain why there was a delay in applying.

Does PTSD guarantee a discharge upgrade?

No.

PTSD does not automatically guarantee an upgrade.

However, Department of Defense guidance—including the Hagel, Kurta, Wilkie, and Carson memoranda—requires boards to give liberal consideration to cases involving PTSD, TBI, MST, and other mental health conditions.

The key is properly:

  • Documenting the condition
  • Connecting it to the misconduct underlying the discharge
  • Presenting the argument clearly

Case Example: Working with a military discharge upgrade lawyer with PTSD experience can increase your chance of success.  Attorney Kevin Courtney helped a client petition the Board for Correction of Naval Records to show the client’s court-martial misconduct was actually PTSD avoidance and coping symptoms.  The BCNR applied liberal consideration and upgrade the Bad Conduct Discharge to a general (under honorable conditions) – restoring honor to the veteran and gaining access to life-changing VA benefits.

What is “liberal consideration”?

Liberal consideration is a legal standard that requires military review boards to give special weight to evidence that a mental health condition—such as PTSD, TBI, or MST—may have contributed to the conduct that led to discharge.

It is a powerful tool in many cases.

But it must be:

  • Supported with evidence
  • Clearly explained
  • Strategically applied

How long does a discharge upgrade take?

Timelines vary depending on the type of application:

  • Discharge Review Board (DRB): Typically 6–18 months
  • Board for Correction of Military Records (BCMR/BCNR): Typically 10–24+ months

Some cases may take longer depending on complexity and backlog.

Can I request a hearing for my case?

In some cases, yes.

For Discharge Review Board applications, you may request:

  • A records review (paper submission only), or
  • A personal appearance hearing

Whether a hearing is appropriate depends on your case strategy and the strength of your evidence.

How do I get my military and medical records?

Strong discharge upgrade cases are built on records.

You can request:

  • Military Personnel Records (OMPF):
    Through the National Personnel Records Center (NPRC), typically using Standard Form 180
  • Medical Records:
    Through your branch of service, VA, or military treatment facilities, using DD Form 2870
  • VA Records (C-File):
    If you have filed for VA benefits, your claims file may contain critical evidence

Most veterans underestimate how important these records are—and incomplete records are a common reason cases fail.

Do I need an attorney for a discharge upgrade?

Not every case requires an attorney.

However, legal representation can be especially valuable if:

  • Your case involves PTSD, TBI, MST, or mental health issues
  • You have been denied before
  • Your records are incomplete or complex
  • You plan to work with a mental health expert for a nexus letter
  • You want to maximize your chances of success

A well-prepared legal brief can make a significant difference in how your case is evaluated.

Can a bad conduct discharge (BCD) be upgraded?

In some cases, yes—but these cases are more complex.

Eligibility depends on:

  • The type of court-martial
  • The procedural history of your case
  • The available legal path for relief

These cases require careful analysis and strategic presentation.

Examples of Discharge Upgrade Cases

While every case is different, we have consulted and worked with veterans whose cases involved:

  • PTSD-related misconduct following combat deployment
  • Administrative separations based on incomplete medical evaluations
  • Prior denials that were later reconsidered with additional evidence

What Does It Cost to Hire a Discharge Upgrade Attorney?

Every case is different.

The level of work required depends on:

  • The complexity of your record
  • Whether medical evidence is involved
  • Whether the case has been previously denied

During your consultation, we will discuss:

  • The scope of work
  • The strategy
  • The expected investment

Why Veterans Choose Courtney Military Law Group, P.C.

  • Focused practice on military record correction and discharge upgrades
  • Deep understanding of DRB and BCMR decision-making
  • Strategic, evidence-driven approach
  • Experience working with complex cases involving PTSD, TBI, and MST

Start the Process

Step 1: Submit an Intake Form

Step 2: We Review Your Request

Step 3: Schedule Your Consultation

Take the First Step Toward Restoring Your Record

You don’t have to carry your discharge forward without question.

For many veterans, there is a path forward—but it requires strategy, clarity, and the right approach.

Courtney Military Law Group, P.C.
Restoring Honor & Reputations

👉 Submit your intake form to get started.

Military Discharge Upgrade Attorney

If you are searching for a military discharge upgrade attorney, this page explains how the discharge upgrade process works, what factors influence success, and how to build the strongest possible case for relief.

Many veterans begin searching for a discharge upgrade lawyer after realizing how much their discharge continues to impact their future.

Restore Your Record. Reclaim Your Future.

If you’re living with an Other Than Honorable (OTH), General, or even a Bad Conduct Discharge, you already know—this doesn’t stay in the past.

It affects your benefits, your career, and how you’re seen—and how you see yourself.

Many veterans carry the weight of a discharge that does not reflect who they were, what they endured, or who they’ve become.

The reality is this: many discharges can be upgraded.

But most applications fail—not because the veteran didn’t deserve relief, but because the case was not properly built, supported, and presented to the military review boards.

If you are searching for a military discharge upgrade attorney, you are likely looking for more than information—you are looking for a path forward.

At Courtney Military Law Group, P.C., we help veterans present the strongest possible case for relief through strategic legal advocacy, compelling evidence, and a deep understanding of how military review boards actually make decisions.

For many veterans, this is their one real opportunity to correct the record. How the case is built matters.

Who This Page Is For

This page is designed for veterans who:

  • Received an Other Than Honorable (OTH), General, or Bad Conduct Discharge
  • Are exploring whether they can upgrade their discharge
  • Have been denied and are considering next steps
  • Believe their discharge was affected by PTSD, TBI, MST, or other factors
  • Want to understand whether hiring a military discharge upgrade attorney is worth it

Can You Upgrade Your Military Discharge?

In many cases, yes.

But success depends on more than eligibility—it depends on how your case is built, supported, and presented to the military review boards.

Not all applications are evaluated the same way.
Understanding the correct process—and using the right legal framework—can make a significant difference in the outcome.

Working with a military discharge upgrade lawyer can help ensure your case is presented clearly, supported by the right evidence, and aligned with how military review boards actually evaluate these cases.

Two Primary Paths to Upgrade Your Discharge

There are two main ways to seek a discharge upgrade or correction of your military record. Which path applies depends largely on how long it has been since your discharge and the type of relief you are seeking.

Not Sure Which Path Applies to Your Case?

Every discharge upgrade case is different. The right strategy depends on your record, your timeline, and the legal issues involved.

Before you spend months submitting an application that may fall short, it can help to understand how your case will actually be evaluated.

👉 Start with an intake. We’ll review your case and help you determine the strongest path forward.

1. Discharge Review Board (DRB)

The Discharge Review Board is typically the first and most common path for veterans seeking an upgrade.

Key Requirements

  • Must apply within 15 years of your discharge
  • Uses DD Form 293 (Application for Discharge Review)

What the DRB Reviews

The board evaluates your discharge under three primary standards:

  • Propriety → Was there a legal or procedural error?
  • Equity → Was the discharge unfair under the circumstances?
  • Clemency → Do fairness and rehabilitation support relief?

What the DRB Can Change

  • Characterization of service (e.g., OTH → Honorable)
  • Narrative reason for separation
  • Reentry (RE) code
  • Separation (SPD) code

Types of Review Available

  • Records Review → A paper-based decision using submitted materials
  • Personal Appearance Hearing → You (and your attorney, if represented) appear before the board

👉 Strategic Insight:
Many veterans choose a records review first—but in some cases, a personal appearance hearing can significantly strengthen the presentation of the case.

2. Board for Correction of Military Records (BCMR/BCNR)

If your case falls outside the DRB window—or involves more complex issues—the BCMR or BCNR may be the appropriate path.

Key Requirements

  • No strict filing deadline (but delays must be explained)
  • Uses DD Form 149 (Application for Correction of Military Record)

What the BCMR/BCNR Can Address

  • Legal errors
  • Administrative errors
  • Injustices in the record
  • Issues not fully resolved by the DRB

When This Path Is Commonly Used

  • More than 15 years have passed since discharge
  • A prior DRB application was denied
  • The case involves complex legal or medical issues
  • The discharge resulted from a General Court-Martial

👉 Important:
The BCMR/BCNR process requires a well-developed legal argument supported by evidence to rebut the presumption of regularity.

What Can Be Changed in a Discharge Upgrade Case?

Depending on the facts of your case, a successful application may result in changes to:

  • Characterization of Service
    (e.g., Other Than Honorable → General or Honorable)
  • Narrative Reason for Separation
    (the stated reason for discharge on your DD-214)
  • Reentry (RE) Code
    (which can affect future military eligibility)
  • Separation (SPD) Code
    (used internally by the military to classify discharges)
  • Administrative Errors on the DD-214
    (including incorrect entries or omissions)

Understanding the Law: Liberal Consideration & Key DoD Memos

One of the most important developments in discharge upgrade law is the Department of Defense guidance requiring liberal consideration for certain veterans.

The Key Memos That Govern These Cases

Your case may be directly impacted by:

  • Hagel Memo (2014)
    → First major directive requiring liberal consideration for PTSD
  • Carson Memo (2016)
    → Reinforced and expanded liberal consideration standards by waiving statutes of limitation
  • Kurta Memo (2017)
    → Expanded guidance to include TBI, MST, and mental health conditions
  • Wilkie Memo (2018)
    → Clarified how boards should evaluate equity, injustice, and clemency

What “Liberal Consideration” Actually Means

If your discharge is connected to:

  • PTSD
  • TBI
  • Military Sexual Trauma (MST)
  • Depression, anxiety, or other conditions

Then the board must give special consideration to those factors.

But here’s what most veterans are never told:

👉 Liberal consideration is not automatic approval
👉 It must be supported with evidence and framed correctly

What Makes a Discharge Upgrade Case Strong?

This is where most applications fail.

Key Factors That Influence Success

1. Medical and Mental Health Evidence

  • VA records
  • Service treatment records
  • Civilian diagnoses

2. Evidence of Error or Injustice

  • Improper separation process
  • Command bias or inconsistency
  • Disproportionate punishment

3. Mitigation and Context

  • Combat exposure
  • Personal hardship
  • Leadership failures

4. Post-Service Conduct

  • Employment
  • Education
  • Rehabilitation
  • Character letters

5. Credibility and Consistency

Your case must:

  • Make sense
  • Be supported
  • Be cohesive

What Happens If You Don’t Take Action

For many veterans, a negative discharge continues to:

  • Limit access to VA benefits
  • Impact employment opportunities
  • Create long-term financial and personal consequences

In many cases, there is no automatic correction over time.

👉 If you are considering working with a military discharge upgrade lawyer, delaying the process can make it more difficult to gather records, evidence, and supporting documentation. Submit an intake form to have your discharge case reviewed and better understand your options before moving forward.

How to Request Your Military and Medical Records

Before any strong case can be built, you need the right records.

Military Personnel Records

You can request your Official Military Personnel File (OMPF) through:

Service Treatment Records

These may be obtained through:

  • The Department of Veterans Affairs (if you’ve filed claims)
  • Your branch of service
  • TRICARE or military medical facilities

Be sure to complete DD Form 2870 when requesting medical or dental records.

VA Records

If you’ve applied for VA benefits:

👉 Important:
Most veterans submit applications without fully understanding their records or assuming the DRB has full access to them.

Experienced discharge upgrade lawyers know this is one of the biggest reasons cases fail.

How the Discharge Upgrade Process Actually Works

Step 1: Record Collection

  • Personnel records
  • Medical records
  • VA records

Step 2: Case Analysis

Identify:

  • Legal theory
  • Strengths and weaknesses

Step 3: Evidence Development

  • Personal statement
  • Supporting documents
  • Expert input (if needed)
  • Post-service contributions to society

Step 4: Legal Brief Submission

A strong brief:

  • Applies Hagel / Carson / Kurta / Wilkie guidance
  • Organizes evidence
  • Tells a credible narrative

Step 5: Respond to the Advisory Opinion (AO)

Step 6: Board Review or Hearing

Step 7: Decision

  • DRB: 6–18 months
  • BCMR/BCNR: 10–24+ months

Do You Need a Discharge Upgrade Attorney?

You May Not Need One If:

  • Your case is simple
  • You have clear documentation

You Should Consider One If:

  • PTSD / TBI / MST is involved
  • You’ve been denied before
  • Your case is complex
  • You want to maximize your chances

Why Cases Fail Without Strategy

  • Weak legal framing
  • Poor evidence connection
  • Misuse of liberal consideration
  • Inconsistent narrative

How We Evaluate Discharge Upgrade Cases

When reviewing a case, we focus on:

  • Whether there is a clear legal basis for relief (error, injustice, or liberal consideration)
  • Whether the available records support the narrative
  • Whether additional evidence or expert input is needed
  • Whether the case is positioned for DRB or BCMR

Our 4-Phase Framework

1. Record Reconstruction

We identify:

  • Missing documents
  • Key evidence
  • Strategic opportunities

2. Legal Theory Development

We build your case around:

  • Improprieties / Error
  • Inequities / Injustice
  • Liberal consideration, if applicable

3. Mitigation Narrative

We develop a clear, credible account that explains:

  • What happened
  • Why it matters
  • Who you are today
  • How you will benefit from a discharge upgrade

4. Board-Level Advocacy

We prepare a comprehensive legal brief that:

  • Applies controlling DoD guidance
  • Presents your case clearly
  • Maximizes credibility

Client Experience

Military Discharge Upgrade Lawyer: Upgraded Client’s Bad Conduct Discharge

“Military Law helped me with a petition to have my discharge upgraded. I brought Kevin my case, he looked at it and said ‘I can help you.’ He did that tremendously. Kevin stayed in contact with me throughout the process and when he wasn’t able to, his office staff were always a pleasure to work with. We had 1 shot and Kevin executed the task perfectly. I would recommend anyone in need of military related legal services to contact Kevin Courtney without hesitation.”

Results depend on the facts of each case. Past results do not guarantee future outcomes.

What to Expect

No Guarantees

These cases are discretionary.

Timelines Are Long

  • DRB: 6–18 months
  • BCMR: 10–24+ months

Presentation Matters

Even strong cases fail when poorly presented.  Working with a discharge upgrade lawyer can help ensure the presentation is clear, professional, and persuasive.

Frequently Asked Questions About Military Discharge Upgrades

Can I upgrade an Other Than Honorable (OTH) discharge?

In many cases, yes.

Veterans with an Other Than Honorable discharge may be eligible to seek relief through a Discharge Review Board (DRB) or a Board for Correction of Military Records (BCMR/BCNR). The outcome depends on the facts of your case, the available evidence, and how the case is presented.

Many successful upgrades involve cases where there were mitigating factors—such as mental health conditions, personal hardship, or unfair treatment during the separation process.

What form do I use to request a discharge upgrade?

Most veterans use one of two forms:

  • DD Form 293 → Used to apply to a Discharge Review Board (within 15 years of discharge)
  • DD Form 149 → Used to apply to a Board for Correction of Military Records or Board for Correction of Naval Records

Which form you use depends on:

  • How long it has been since your discharge
  • The type of relief you are seeking
  • Whether a General Court Martial issued the discharge

What is the difference between DD Form 293 and DD Form 149?

  • DD Form 293 is used to request a discharge review by a Discharge Review Board.
  • DD Form 149 is used to request broader corrections to military records through BCMR or BCNR, to appeal a denial by the DRB, or if the veteran was discharged more than 15 years ago.

In general:

Can I seek a discharge upgrade after 15 years?

Yes.

While Discharge Review Board applications are generally limited to 15 years from the date of discharge, you may still seek relief through a Board for Correction of Military Records (or BCNR for Navy and Marine Corps cases) using DD Form 149.

However, you may need to explain why there was a delay in applying.

Does PTSD guarantee a discharge upgrade?

No.

PTSD does not automatically guarantee an upgrade.

However, Department of Defense guidance—including the Hagel, Kurta, Wilkie, and Carson memoranda—requires boards to give liberal consideration to cases involving PTSD, TBI, MST, and other mental health conditions.

The key is properly:

  • Documenting the condition
  • Connecting it to the misconduct underlying the discharge
  • Presenting the argument clearly

Case Example: Working with a military discharge upgrade lawyer with PTSD experience can increase your chance of success.  Attorney Kevin Courtney helped a client petition the Board for Correction of Naval Records to show the client’s court-martial misconduct was actually PTSD avoidance and coping symptoms.  The BCNR applied liberal consideration and upgrade the Bad Conduct Discharge to a general (under honorable conditions) – restoring honor to the veteran and gaining access to life-changing VA benefits.

What is “liberal consideration”?

Liberal consideration is a legal standard that requires military review boards to give special weight to evidence that a mental health condition—such as PTSD, TBI, or MST—may have contributed to the conduct that led to discharge.

It is a powerful tool in many cases.

But it must be:

  • Supported with evidence
  • Clearly explained
  • Strategically applied

How long does a discharge upgrade take?

Timelines vary depending on the type of application:

  • Discharge Review Board (DRB): Typically 6–18 months
  • Board for Correction of Military Records (BCMR/BCNR): Typically 10–24+ months

Some cases may take longer depending on complexity and backlog.

Can I request a hearing for my case?

In some cases, yes.

For Discharge Review Board applications, you may request:

  • A records review (paper submission only), or
  • A personal appearance hearing

Whether a hearing is appropriate depends on your case strategy and the strength of your evidence.

How do I get my military and medical records?

Strong discharge upgrade cases are built on records.

You can request:

  • Military Personnel Records (OMPF):
    Through the National Personnel Records Center (NPRC), typically using Standard Form 180
  • Medical Records:
    Through your branch of service, VA, or military treatment facilities, using DD Form 2870
  • VA Records (C-File):
    If you have filed for VA benefits, your claims file may contain critical evidence

Most veterans underestimate how important these records are—and incomplete records are a common reason cases fail.

Do I need an attorney for a discharge upgrade?

Not every case requires an attorney.

However, legal representation can be especially valuable if:

  • Your case involves PTSD, TBI, MST, or mental health issues
  • You have been denied before
  • Your records are incomplete or complex
  • You plan to work with a mental health expert for a nexus letter
  • You want to maximize your chances of success

A well-prepared legal brief can make a significant difference in how your case is evaluated.

Can a bad conduct discharge (BCD) be upgraded?

In some cases, yes—but these cases are more complex.

Eligibility depends on:

  • The type of court-martial
  • The procedural history of your case
  • The available legal path for relief

These cases require careful analysis and strategic presentation.

Examples of Discharge Upgrade Cases

While every case is different, we have consulted and worked with veterans whose cases involved:

  • PTSD-related misconduct following combat deployment
  • Administrative separations based on incomplete medical evaluations
  • Prior denials that were later reconsidered with additional evidence

What Does It Cost to Hire a Discharge Upgrade Attorney?

Every case is different.

The level of work required depends on:

  • The complexity of your record
  • Whether medical evidence is involved
  • Whether the case has been previously denied

During your consultation, we will discuss:

  • The scope of work
  • The strategy
  • The expected investment

Why Veterans Choose Courtney Military Law Group, P.C.

  • Focused practice on military record correction and discharge upgrades
  • Deep understanding of DRB and BCMR decision-making
  • Strategic, evidence-driven approach
  • Experience working with complex cases involving PTSD, TBI, and MST

Start the Process

Step 1: Submit an Intake Form

Step 2: We Review Your Request

Step 3: Schedule Your Consultation

Take the First Step Toward Restoring Your Record

You don’t have to carry your discharge forward without question.

For many veterans, there is a path forward—but it requires strategy, clarity, and the right approach.

Courtney Military Law Group, P.C.
Restoring Honor & Reputations

👉 Submit your intake form to get started.