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Can I Appeal A Bad or Unfavorable Discharge?

On Behalf of | Jul 15, 2022 | Military Law |

Many people enter the military out of a sense of pride and duty. Others wish to take advantage of the military’s education benefits or learn new skills. However, how a person begins serving is not as important as how one leaves. The type of military discharge one receives can impact their life significantly.

So, what happens if you were unfairly discharged or discharged based on faulty evidence? Under the guidance of an attorney experienced in practicing military law, you may be able to appeal the decision and secure the discharge you deserve.

How To Pursue A Discharge Upgrade

The U.S. military has different types of discharges to account for the many ways one may leave military service. If your unfavorable discharge stems from “error, injustice, or inequity,” you may have just 15 years to ask a service Review Boards to review the decision.

You might be able to secure an upgrade if you:

  • Were discharged because of an incorrect application of rules or procedures.
  • Had incompetent legal counsel.
  • Other involved in the discharging incident (co-accused) received more favorable discharges.
  • Have new evidence.

You can apply for a discharge upgrade usually within 15 years. You may petition on writing, request to attend your review board hearing, ask to send an attorney or counsel on your behalf, or allow the review board to meet alone to consider new information. The board will issue a discharge upgrade upon a winning majority vote.

Secure Competent Legal Counsel

The best way to secure an upgrade to a discharge is with a legal advocate familiar with military law and the review board process. A skilled attorney will help you understand the approach, arguments, and how they work to protect your future.