We offer an experienced and dedicated Military Discharge Upgrade service, specially tailored to help veterans achieve a rightful alteration of their military discharge status. Our team of highly skilled attorneys is well-versed in the complexities of military law and familiar with the procedures of the Discharge Review Board and the Board
We offer an experienced and dedicated Military Discharge Upgrade service, specially tailored to help veterans achieve a rightful alteration of their military discharge status. Our team of highly skilled attorneys is well-versed in the complexities of military law and familiar with the procedures of the Discharge Review Board and the Board for Correction of Military Records. We understand the profound impact a discharge upgrade can have on a veteran's life, including access to benefits and job opportunities.
Whether your case involves a straightforward review or complex legal representation, I stand ready to advocate for your rights and fight for your cause. Reach out today for a consultation, and let us put our expertise to work for you.
Military Discharge cases are $3750 flat fee, and $5000 if an in-person board hearing is requested. Payment plans available ($312 month for 12 months)
Our dedicated legal team is committed to providing a comprehensive service to veterans seeking VA compensation. With our depth of understanding and experience in navigating the intricacies of VA law, we are uniquely positioned to help you pursue the benefits you rightfully deserve. We work diligently to collect the necessary medical reco
Our dedicated legal team is committed to providing a comprehensive service to veterans seeking VA compensation. With our depth of understanding and experience in navigating the intricacies of VA law, we are uniquely positioned to help you pursue the benefits you rightfully deserve. We work diligently to collect the necessary medical records, service documentation, and supporting evidence required for your case. Our seasoned attorneys understand the profound difference these benefits can make in your life, whether it's managing health care costs, supporting your family, or simply getting the recognition you deserve. We believe in honoring your service with ours. Contact us today for a consultation and let us serve you in your fight for just compensation.
Don't wait! Contact us for a free phone consultation. Let us help you figure out your best next steps are. The sooner you have a plan of action, the better your chances of taking the correct steps to get the results you want.
Purpose: The DRB is authorized to review discharges and dismissals (other than those resulting from general court-martial) and can change the reason for discharge or upgrade the discharge (e.g., from "Other Than Honorable" to "Honorable").
Who Can Apply: Veterans from the five military branches who have been discharged for reasons other than from a general court-martial can apply within 15 years of their discharge.
Process:
Limitations: The DRB cannot address medical discharges, nor can it reinstate individuals into military service.
Purpose: The BCMR is a broader board that addresses a wide range of corrections to military records, including but not limited to discharges. This can be issues like correcting errors or removing injustices in the military records.
Who Can Apply: Any current or former member of the military. If the service member is deceased or incapacitated, immediate family members, legal representatives, or other properly designated individuals can apply.
Process:
Limitations:
Considerations: While the DRB focuses exclusively on discharge character and reason, the BCMR has broader authority and can address various injustices or errors. If a veteran is beyond the 15-year limit for the DRB, the BCMR becomes the primary avenue for seeking a discharge upgrade.
In both processes, it's beneficial for the applicant to provide as much evidence and documentation as possible to support their case. Additionally, obtaining legal counsel or assistance from a veterans service organization can be helpful in navigating these processes.
The current approval rates vary by types of claims, which board the case appears before, as well as other factors. Detailed statistics can be found here
https://boards.law.af.mil/stats/CY2022/02.%20DoD%20Review%20Boards%20Select%20Claims%20Data%20-%20April%202022-June%202022.pdf
Our firm charges a flat percentage fee in accordance with the VA attorney compensation of 20% of your backpay- no other hidden costs!
Military Discharge cases are $3750 flat fee, and $5000 if an in-person board hearing is requested (Parties may appear over Zoom in lieu of an in-person appearance at no added cost). Payment plans available ($375 month for 10 months)
Military Discharge Upgrades
Q1: What is a military discharge?
A military discharge is the release of a service member from their obligation to continue service in the armed forces. The conditions of the discharge can have significant effects on a veteran's benefits and opportunities.
Q2: What are the types of military discharges?
The most common types of military discharges are:
Each has different implications for post-service benefits and civilian life opportunities.
Q3: What is a military discharge upgrade?
A military discharge upgrade is a change to a more favorable discharge status. For example, an upgrade could be from an Other Than Honorable to a General or Honorable Discharge. Such an upgrade can significantly impact a veteran's access to benefits like the G.I. Bill and veterans' healthcare, as well as employment opportunities.
Q4: What is the Discharge Review Board (DRB)?
The Discharge Review Board is an entity within the Department of Defense that examines discharges to determine whether they were granted fairly and consistently. If a service member feels their discharge was unjust, improperly given, or that their discharge status is inappropriate considering their service record, they can submit a request for the DRB to review their case.
Q5: Who is eligible to apply for a discharge upgrade?
Former service members who received a discharge under conditions that were less than Honorable may apply for a discharge upgrade. However, the success of such applications depends on various factors, including the reasons for the original discharge status.
Q6: How can one apply for a discharge upgrade?
To apply for a discharge upgrade, a former service member should complete DD Form 293 - "Application for the Review of Discharge or Dismissal from the Armed Forces of the United States" and submit it to their service's DRB. The form allows the veteran to explain why they believe their discharge should be upgraded.
Q7: How does the DRB make their decision?
The DRB reviews all the evidence and arguments provided in the application, alongside the service member's military record. They will then decide whether the discharge was appropriate or should be upgraded. They may also hold a hearing where the veteran or their representative can present their case.
Q8: What if my request for an upgrade is denied by the DRB?
If the DRB denies your request, you can appeal to the Board for Correction of Military Records (BCMR) for your service branch. The BCMR can change any military record when necessary to correct an error or remove an injustice. However, it is typically harder to get an upgrade from the BCMR than from the DRB.
Q9: How long does this process take?
The timeline can vary significantly depending on the complexity of the case, the backlog of cases, and the specific DRB. It can take anywhere from several months to a few years.
Q10: Is it advisable to hire a lawyer for a discharge upgrade application?
While it's not required to hire a lawyer, legal advice can be helpful. Lawyers who specialize in military law or veterans' rights can provide valuable guidance, help craft a strong argument, and represent you before the board. However, this decision should be based on your individual circumstances and resources.
Veterans Affairs cases
Q1: What is VA compensation?
VA compensation is a monthly tax-free benefit paid to veterans who got sick or injured while serving in the military and to veterans whose service made an existing condition worse. The benefit amount varies depending on the severity of the disability.
Q2: Who is eligible for VA compensation?
Veterans are eligible for VA compensation if they have a current illness or injury (known as a disability) that affects their body or mind, and there's at least one illness, injury, or event during their service that caused or worsened their disability.
Q3: How do I apply for VA compensation?
You can apply for VA compensation online through the VA's eBenefits platform, by mail, or in person at a VA regional office. You'll need to fill out and submit VA Form 21-526EZ, "Application for Disability Compensation and Related Compensation Benefits."
Q4: What kind of documentation should I provide with my application?
You should provide all relevant medical records related to your disability, including records from private providers, and any relevant military records. Also, you should provide documentation that explains how your disability is linked to your service. This can include buddy statements, accident reports, or medical opinions.
Q5: What happens after I apply for VA compensation?
After you apply, you may be asked to attend a Compensation & Pension (C&P) exam to evaluate your disability. The VA will then review your application, and you will receive a decision letter in the mail.
Q6: How long does it take to get a decision on my application?
The time it takes to get a decision can vary widely, but it typically ranges from a few months to over a year, depending on the complexity of your case, the evidence provided, and the workload at the VA office handling your case.
Q7: What if I disagree with the VA's decision?
If you disagree with the VA's decision, you can file an appeal. The appeals process involves several potential steps, including a Supplemental Claim, a Higher-Level Review, or a hearing before a Veterans Law Judge at the Board of Veterans' Appeals.
Q8: What is a VA disability rating?
A VA disability rating is a percentage that the VA assigns to your disability based on how severe it is. This percentage determines the amount of compensation you receive each month.
Q9: Can I get VA compensation for conditions that weren't caused by my service but were made worse by it?
Yes, these are known as "aggravated service-connected" conditions. If your military service aggravated an existing condition, you may be eligible for compensation.
Q10: Should I hire a lawyer for my VA compensation case?
While it's not required, having a lawyer or accredited representative can be helpful, especially if your case is complex or if you're appealing a decision. These professionals can guide you through the process, help gather evidence, and represent you at hearings.
Call or text us at (702) 757-1142 for a free consultation! The information contained on this website is for general informational purposes only and does not constitute legal advice.
VA Accreditation NUMBER 54389
https://www.va.gov/ogc/apps/accreditation/index.asp
DANIEL DYER ESQ PLLC
Arizona Bar 038942 Missouri Bar 68597
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