Discharge Upgrade Lawyer in Hawaii
Discharge Upgrade Military Lawyer
Receiving a less than honorable discharge has lasting consequences that can prevent you from successfully moving on with your life and into another career after your military service has ended. It may also make it difficult for you to receive the veteran’s benefits that you deserve for your service.
If you received a less than honorable discharge, there is a process to upgrade your discharge. Upgrading your discharge will allow you to receive the benefits you deserve, pursue work without an unfairly negative reputation, and restore the character of the military service you provided to your country.
Understanding Discharge Types
Honorable: This is the highest type of discharge you can receive. It marks the end of a distinguished career and entitles you to all the military and VA benefits you earned during your service.
General, Under Honorable Conditions: This type of discharge is often given to individuals with minor misconduct or other blemishes on their service record. Receiving this type of discharge can have negative consequences on your employability and the receipt of benefits normally offered by the VA and your service.
Other Than Honorable: This type of discharge is viewed unfavorably by most employers and other institutions. It is the worst discharge you can receive from an administrative separation. Your post-military benefits will be significantly reduced, if not eliminated.
Bad-Conduct, Dishonorable, or Dismissal: These kinds of “punitive” discharges, which can be imposed as a result of conviction by a court-martial, are viewed with extreme disfavor by employers and result in reduced or eliminated benefits. While these are the most difficult types of discharges to upgrade, there is still hope, depending upon your circumstances.
Why Pursue a Discharge Upgrade?
The job market today is more competitive than ever. Many employers and educational institutions will not even consider individuals with less than honorable discharges on their record for jobs or benefits. This is unfair and can feel discriminatory towards individuals who have lived otherwise successful and lawful lives following their discharge from the military.
While pursuing a discharge upgrade does not guarantee that you will receive one, it does offer you the opportunity to restore your reputation. If you are successful in upgrading your discharge, your employment prospects will increase and your ability to obtain VA benefits, including compensation for your service-related injuries, will improve.
The Discharge Review Process
Applying for a discharge upgrade can take anywhere from a few months to a year or more to prepare, submit, and complete the review board process. The discharge review process can be complicated, but an experienced attorney can help you assemble the necessary documents, complete the application, and represent you before the Discharge Review Board.
The discharge upgrade application is usually filed with your service’s Discharge Review Board. However, in some circumstances, the application must be filed with the Board for Correction of Military Records (BCMR).
Get an Attorney Who Can Fight for You
Hiring a lawyer for your discharge upgrade comes with several benefits. We will help you assemble all the necessary files and records, complete the upgrade application, and advise you on the best way to argue for an upgrade of your discharge, a discharge which properly reflects the service you provided to your country.
A less than honorable discharge often comes with an unwanted stigma that can follow you into civilian life, making it difficult to pursue a career. If you have received a less than honorable discharge from the military, you may be able to get your discharge upgraded. Contact us for a consultation today and get the legal support you need to get the discharge you deserve.