Discharge Upgrade & Character of Discharge

Why character of discharge matters

VA benefits — disability compensation, healthcare, education, home loans, burial — generally require service that ended under conditions other than dishonorable. The five DoD discharge characterizations are: Honorable, General (Under Honorable Conditions), Other-Than-Honorable (OTH), Bad Conduct (BCD), and Dishonorable. Honorable and General discharges usually qualify the veteran for the full range of VA benefits.

VA's Character of Discharge (COD) determination

Even if DoD characterizes a discharge as OTH, VA conducts its own analysis under 38 CFR § 3.12 to decide whether the service was 'under conditions other than dishonorable' for VA-benefit purposes. A favorable COD determination unlocks VA benefits without requiring a DoD discharge upgrade.

• Statutory bars (e.g., conscientious objector, desertion, AWOL > 180 days) require analysis of compelling circumstances.
• Insanity exception: an act committed because of insanity at the time is not disqualifying.
• VA must consider service-connected mental health conditions (PTSD, TBI, MST-related) as potentially mitigating.

Discharge Review Board (DRB)

Each service branch has a DRB that can upgrade most discharges within 15 years of separation. DRBs cannot review general courts-martial discharges (BCD or dishonorable) or medical discharges. The 2017 'Kurta Memo' (and predecessors Hagel and Carson Memos) directs DRBs to give 'liberal consideration' to upgrade requests based on PTSD, TBI, MST, or sexual orientation.

Board for Correction of Military Records (BCMR)

When the 15-year DRB window has expired, when the discharge resulted from a general court-martial, or when other corrections to the service record are needed, the BCMR (or BCNR for Navy/Marine Corps) is the appropriate forum. BCMRs apply the same liberal-consideration policy for PTSD/TBI/MST/orientation-based claims.

Practical sequence

1. Obtain the full service record (OMPF) and any in-service medical and mental-health records.
2. Identify the basis for upgrade — PTSD, TBI, MST, sexual orientation, racial bias, or general clemency.
3. Determine whether DRB or BCMR is the correct forum based on time since separation and discharge characterization.
4. Prepare the application (DD-293 for DRB, DD-149 for BCMR) with personal statement, supporting medical evidence, character references, and post-service evidence of rehabilitation.
5. If an upgrade is denied, consider re-application based on new evidence or escalation to the BCMR (after DRB) or to federal court.

Parallel VA path while a DoD upgrade is pending

A veteran can apply to VA for a Character of Discharge determination concurrently with a DoD upgrade application. A favorable COD does not change the DD-214, but it does open access to VA benefits while the upgrade is pending.

Where these claims break down

• ×Assuming an OTH discharge automatically bars all VA benefits — VA's COD determination can override DoD's characterization for benefit purposes.
• ×Filing a BCMR application when the discharge is within 15 years and the DRB would be faster.
• ×Submitting an upgrade application without supporting medical or mental-health evidence when the basis is PTSD, TBI, or MST.
• ×Confusing the Discharge Review Board with the Physical Disability Board of Review (PDBR), which addresses medical-retirement ratings rather than discharge character.

Frequently Asked Questions