Military members who have been administratively or punitively separated and receive General (Other Than Honorable), Under Other Than Honorable Conditions (UOTHC), Bad Conduct Discharge (BCD) or Dishonorable characterizations of service are often told that they can just get it upgraded later. While it is true that you can petition for an upgrade in characterization of service, it is not as simple as just asking for it and these requests are often denied. There are two different entities that can be petitioned to seek an upgrade: the Board for Correction of Military Records (BCMR) or Discharge Review Board (DRB). The services have their own BCMR, and the petitioner must demonstrate an error or injustice that occurred/was discovered no more than three years ago. An upgrade from a dishonorable characterization of service may only be requested/submitted to the BCMR. Similarly, the services have their own DRB, and members may petition if their discharge was not more than fifteen years ago and they can make an equity-based argument. Attorneys at JAG Defense can assist you to determine whether you have a strong case for an upgrade and the best route to take.

Justyn Ann Baxley is a Partner with JAG Defense. Her practice primarily focuses on security clearance law and administrative law. As a security clearance lawyer, Ms. Baxley has represented hundreds of individuals in security clearance adjudications across virtually every federal agency, to include the Department of Defense, the Department of Homeland Security, the Department of Energy, the National Security Agency, NASA, and others.