Restoring Honor: How Veterans Can Upgrade an Unjust Discharge

Congruence Law, P.C. Helps Veterans Petition for Discharge Upgrades and Records Corrections

The character of a veteran’s discharge affects more than just paperwork—it can impact access to medical care, education, housing, and employment opportunities. For those with "other-than-honorable" discharges, even when their service included valor or hardship, the consequences can be lifelong and deeply unfair.

At Congruence Law, P.C., we help veterans challenge unjust or inaccurate discharge characterizations by petitioning military review boards. Whether the discharge was based on outdated policies, mental health conditions, or procedural flaws, we work to restore access to VA benefits, employment rights, and the recognition our clients earned.

Why Discharge Status Matters

Your discharge classification determines eligibility for:

• VA health care and disability benefits

• GI Bill and education assistance

• VA home loans

• Federal employment and hiring preferences

• Burial in national cemeteries and military honors

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Veterans discharged under “other-than-honorable,” “bad conduct,” or “dishonorable” conditions often lose access to these benefits—sometimes unjustly. A discharge upgrade or records correction can change that.

Grounds for Seeking a Discharge Upgrade

You may have a strong case for an upgrade or correction if:

• The discharge was related to undiagnosed PTSD, TBI, or MST (military sexual trauma)

• You experienced racial, gender-based, or LGBTQ+ discrimination

• The discharge was based on minor infractions or a single isolated incident

• You were denied due process or not provided proper notice during separation

• The discharge occurred under now-repealed policies (e.g., “Don’t Ask, Don’t Tell”)

• You’ve shown post-service rehabilitation, stability, or exemplary conduct

Where and How to File

Veterans must petition one of the following administrative bodies depending on the type and age of the discharge:

1. Discharge Review Board (DRB)

• Handles requests for upgrades of discharges that are less than 15 years old

• Can change the characterization and narrative reason for separation

• Holds optional personal hearings (in-person or video)

2. Board for Correction of Military Records (BCMR)

• Has broader authority, including correction of older discharges, medical retirement, or involuntary separations

• May overturn court-martial findings in limited cases

• Can add missing records, award retroactive benefits, or grant back pay

We help veterans determine the right board, prepare persuasive written submissions, and request in-person hearings when strategic.

Our Legal Approach at Congruence Law

Discharge upgrade cases aren’t about excusing misconduct—they’re about context, fairness, and justice. Many veterans were discharged without proper recognition of the challenges they faced or the conditions they served under. We aim to correct the record.

1. Full Record Review. We request and analyze your military personnel and medical records (OMPF), separation documents, prior proceedings, and any Article 15 or court-martial files.

2. Personal and Medical Narrative Development. We build a detailed narrative supported by medical evaluations (e.g., PTSD or MST diagnoses), personal statements, letters of support, and post-service accomplishments.

3. Tailored Legal Argumentation. Each petition includes a legal memorandum citing DoD guidance, regulatory standards, and case law—presented in a tone and structure review boards are accustomed to reading.

4. Strategic Use of Hearings. Where appropriate, we appear with our clients at DRB or BCMR hearings to make the strongest in-person case for upgrade or correction.

Common Pitfalls Veterans Should Avoid

1. Submitting a Generic or Incomplete ApplicationReview boards expect detailed, evidence-supported requests. A short letter rarely succeeds on its own.

2. Ignoring Medical or Mental Health EvidenceDiagnoses of PTSD, TBI, or trauma-related disorders—even if made post-discharge—can be powerful evidence for reconsideration.

3. Assuming You’re Ineligible Because of Time PassedMany veterans believe too much time has passed to challenge their discharge. BCMRs can review even decades-old cases with good cause.

4. Underestimating the Legal ComplexityThese are administrative legal proceedings that involve careful argument, procedural compliance, and persuasive evidence. Legal guidance improves your chances.

Why Congruence Law

We view discharge upgrade representation not just as legal work—but as a mission to restore justice. Our clients deserve to be recognized not for a single chapter of their service, but for the entirety of their sacrifice, growth, and post-service lives.

If your discharge status is preventing you from receiving the care and benefits you deserve, contact us at veterans@congruence.com. We’ll review your records, assess your options, and fight for the upgrade or correction that reflects your true service.