A discharge below the honorable level can limit your benefits, narrow your job options, and affect how you feel about your service. A discharge upgrade asks a military review board to change the characterization of your discharge, the narrative reason for it, or both. The process is federal, so it works the same for veterans in Hawaii as anywhere else.
Which board should you apply to?
The amount of time since your discharge determines which board reviews your request.
- Discharged 15 years ago or less: You generally apply to the discharge review board of the branch where you served, using DD Form 293. Your request goes to that branch’s board, not a local Hawaii office, and the 15-year cutoff comes from federal law.
- Discharge past the 15-year window: You must instead apply to your branch’s board for correction of military records using DD Form 149, and you must show why waiving the board’s standard three-year filing limit is in the interest of justice.
Even within the 15-year window, a discharge from a court-martial follows different rules. The review board cannot review a general court-martial discharge, and it may change other court-martial discharges only based on clemency.
What should your application include?
It may help to include your DD 214, which is your official record of service and discharge, along with a brief statement of your reasons for requesting a change. Medical records, statements from people who know you, and proof of your life since service may strengthen that explanation.
If a mental health condition played a role, federal law directs the board to review your medical evidence and to apply “liberal consideration” when evaluating whether PTSD, traumatic brain injury (TBI), or sexual trauma experienced while in the military contributed.
What happens after you apply?
You generally pick one of two review types. In a records review, the board decides after reading the documents in your file and any evidence you submit. In a hearing, you or an attorney appears before the board to present your case.
Selecting a personal appearance hearing first waives your right to a records review, whereas starting with a records review preserves your option to request a hearing if the board denies your initial claim.
Reviews often take anywhere from several months to over a year. If the board denies your request, your branch’s records correction board may be another option. VA benefits follow a separate process and do not change your military record.
Getting legal guidance with your discharge upgrade application
Choosing a board, deciding between a records review and a hearing, and gathering evidence all affect your later options. It can help to speak with an attorney who handles military discharge matters before you file. A consultation can clarify your timeline and the records worth requesting. No attorney can promise an upgrade, but guidance may help you feel more prepared.