Annapolis Discharge Upgrade Lawyers

Attorneys Helping Former Members of the Military Request Discharge Upgrades in Annapolis, MD

A military discharge is not just the end of a servicemember's career. It can serve as a formal characterization of their time in uniform. The classification of a discharge can have lasting consequences for a servicemember, affecting their ability to receive veterans' benefits and find civilian employment, as well as their personal reputation.

While an honorable discharge signifies a satisfactory completion of military service, many former servicemembers may receive a discharge status that does not reflect the full scope of their service or the circumstances surrounding their separation. If a service member received an other than honorable discharge, they may be able to take steps to receive a discharge upgrade. At the Law Offices of Murphy & Price LLP, our lawyers provide legal guidance and representation for those who are pursuing military discharge upgrades. We help former members of the military take steps to restore their reputations and access benefits and opportunities.

Understanding Military Discharge Classifications

The nature of a service member's discharge is often determined by their conduct, performance, or medical status while serving. Discharge statuses may include:

• Honorable Discharge: These discharges are granted to service members who met or exceeded the required standards of duty performance and conduct.
• General Discharge (Under Honorable Conditions): This type of discharge may be issued when a service member failed to meet some standards or encountered minor disciplinary concerns.
• Other Than Honorable (OTH) Discharge: A person charged with misconduct, criminal violations, or other violations of the Uniform Code of Military Justice may receive this type of discharge.
• Bad Conduct Discharge (BCD): A person who is convicted of a crime and required to serve jail time may be discharged and lose access to most veterans' benefits.
• Dishonorable Discharge: This type of discharge may be used in cases involving serious criminal offenses, such as sexual assault. It will result in the loss of VA benefits and some civilian rights.

Consequences of an Other Than Honorable Discharge

An OTH discharge can limit access to benefits that many service members rely on after leaving the military. These include:

• Veterans Affairs Benefits: Access to VA healthcare, education, and other benefits may be denied or restricted.
• Employment Opportunities: Many employers will consider a person's discharge status when making hiring decisions. A person may be unable to obtain employment with government agencies or law enforcement.
• Professional Licensing: An other than honorable discharge may create obstacles in obtaining licenses for certain careers.
• Reenlistment Barriers: Veterans who hope to return to military service or join the reserves may be prevented from doing so.
• Personal Concerns: An other than honorable discharge status can lead to emotional stress while also affecting a person's reputation.

Because of these far-reaching effects, many veterans seek to upgrade their discharge status to reflect their service and improve their access to resources and opportunities.

Reasons to Request a Discharge Upgrade

A discharge upgrade may be appropriate for former service members in several circumstances, such as:

• Rehabilitation or Changed Conduct: A person may demonstrate personal growth and stability since their discharge.
• Injustice or Procedural Errors: A former servicemember may be able to show that their discharge was based on incorrect information or was issued in violation of military policies.
• Mental Health Issues: A person may be able to provide evidence that untreated PTSD, traumatic brain injury (TBI), or other conditions contributed to the conduct leading to their discharge.
• New Evidence: It may be possible to provide documentation or testimony that was not available when a person left military service. This information could have affected decisions about the discharge.

A successful upgrade petition can restore a person's eligibility for benefits and employment.

Requesting a Discharge Upgrade

A servicemember who is seeking a discharge upgrade must submit an application to the appropriate board based on the nature and timing of their discharge:

• Discharge Review Board (DRB): Boards for different branches of the military may review requests for upgrades of discharges that were not the result of general courts-martial. They can generally only review discharges that occurred within the past 15 years.
• Board for Correction of Military Records (BCMR): This board handles more complex or older cases, including those involving court-martial convictions or factual and legal errors.

Contact Our Annapolis, Maryland Military Discharge Upgrade Attorneys

The Law Offices of Murphy & Price LLP provides legal support to veterans who are looking to correct or improve their discharge status. We can review a person's separation documents and service history to determine whether they may be eligible for a discharge upgrade. We can help prepare evidence and submit petitions, and we can advocate for a new discharge status that reflects a person's service. To get legal help with the discharge upgrade process, contact us at 410-280-2500 and schedule your free consultation.