Author: Kevin Courtney, Esq. | California Attorney (#323125) and Former Marine Corps Judge Advocate
An Other Than Honorable discharge feels like a closed door. Veterans who receive one often lose access to VA healthcare, the GI Bill, and home loan benefits — and many are told, formally or informally, that there’s nothing to be done. That’s not true. An OTH discharge can be upgraded, and for many veterans, the case for doing so is stronger than they realize.
Here’s what the process actually looks like, who qualifies, and what it takes to build a petition that gives you a real shot at relief.
What an OTH Discharge Actually Means
An Other Than Honorable discharge is the most severe administrative characterization a service member can receive — meaning it comes through an administrative separation process rather than a court-martial. It typically results from a pattern of misconduct, a serious isolated incident, or a separation in lieu of court-martial.
The practical consequences are significant. Veterans with an OTH discharge are generally not eligible for most VA benefits, though there are limited exceptions. They may face barriers to federal employment. And the stigma of the characterization can follow them into civilian life in ways that have nothing to do with who they actually are.
What many veterans don’t know is that the OTH characterization is not the final word. It can be reviewed, and it can be changed.
The Two Paths to an OTH Discharge Upgrade
Veterans seeking to upgrade an OTH discharge have two primary options, and the right one depends on the specifics of your case.
Discharge Review Boards (DRBs)
Each branch of the military operates its own Discharge Review Board. DRBs can upgrade a discharge, change the reason for separation, or both. They review cases on the basis of either propriety (whether the separation followed proper procedure) or equity (whether the outcome was fair given all the circumstances). Veterans generally have 15 years from their date of separation to petition a DRB, and hearings are generally conducted remotely.
Boards for Correction of Military Records (BCMRs)
BCMRs have broader authority than DRBs and can make corrections to any aspect of a veteran’s military record. They are often the right forum when a DRB has already denied relief, when the veteran is outside the 15-year DRB window, or when the circumstances of the case require a more comprehensive review. BCMRs operate under a standard that asks whether the record contains an error or injustice — and for many OTH veterans, injustice is exactly what happened.
Why the Standard Has Shifted in Your Favor
The legal landscape for OTH discharge upgrades has changed meaningfully over the past decade. A series of Department of Defense memorandums — issued under Secretaries Hagel, Carson, Kurta, and Wilkie — directed review boards to give liberal consideration to veterans whose mental health conditions, military sexual trauma, traumatic brain injury, or other qualifying circumstances may have contributed to the conduct that led to their separation.
This matters because the circumstances that produce OTH discharges often involve untreated or undiagnosed mental health conditions, personal trauma, and inadequate support from the military itself. What got written up as misconduct was, in many cases, a symptom of something the military failed to address. Boards are now required to take that seriously — and when they do, veterans who once had no path to relief now have one.
Who Has a Strong Case
Not every OTH discharge will be upgraded, but the veterans with the strongest cases share some common characteristics:
A single incident in an otherwise clean record. Boards give significant weight to whether the conduct that led to the OTH was isolated or whether it reflected a sustained pattern. A veteran who served faithfully for years and had one serious lapse is in a fundamentally different position than someone with a long disciplinary history.
Mental health or trauma that contributed to the conduct. If you were experiencing depression, anxiety, PTSD, or another qualifying condition at the time of your separation — even if it was never formally diagnosed — that can be the foundation of a strong petition under the liberal consideration memorandums.
Cooperation with law enforcement or the military. Veterans who were transparent with investigators, accepted responsibility, and didn’t compound the underlying conduct often have compelling equitable arguments for relief.
Evidence of post-service rehabilitation and stability. Boards are not just looking at what happened in the military — they’re looking at who you are now. Employment, community involvement, continued service, therapy, and family stability all speak to the person behind the discharge paperwork.
What a Strong Petition Includes
An OTH discharge upgrade petition is not a form you fill out — it’s an argument you build. The strongest petitions tell a complete and honest story, connecting the circumstances of a veteran’s life and service to the conduct at issue, and demonstrating clearly why the OTH characterization does not reflect the whole truth.
That typically means assembling:
- A detailed personal statement from the veteran explaining the context of the conduct and the arc of their life before and after service
- Military service records, including performance evaluations, commendations, and disciplinary history
- Medical and mental health records, including any diagnoses or treatment received after separation
- Character letters from people who can speak credibly to the veteran’s history, values, and growth
- Evidence of post-service stability and rehabilitation
- Legal argument grounded in the applicable DoD memorandums and board standards
The boards want context. They want to understand what was happening in a veteran’s life — not just what appears in an incident report. A well-constructed petition gives them what they need to reach the right outcome.
Watch: OTH Discharge Upgrades Explained
Watch our video on how the OTH upgrade process works →
An OTH Discharge Is Not a Life Sentence
The characterization you received when you left the military does not have to define what comes next. Veterans with OTH discharges have successfully upgraded their records and regained access to the benefits they earned — benefits that can make a real difference in healthcare, housing, and long-term stability.
The process takes time and preparation, but it is worth pursuing. And it starts with understanding whether your case is one that a board can and should correct.
If you received an OTH discharge and want to know whether you have grounds for an upgrade, contact our office to schedule a consultation. Our military discharge upgrade attorneys will discuss your record and give you an honest assessment of where you stand.
The Courtney Military Law Group helps veterans upgrade their discharges. Attorney Kevin Courtney served in the Marine Corps as a judge advocate and is a proud veteran.
This post is for informational purposes only and does not constitute legal advice
