Types of Military Discharges and How to Appeal Them

Your discharge type affects your career, your benefits, and your reputation. But it doesn’t have to define your future. Learn how discharges work — and how to appeal one if it was unjust.


Why Your Discharge Type Matters

When you enlist, you make a commitment to serve.

But when that service ends — whether through retirement, medical separation, or disciplinary action — your discharge type determines how your time in uniform will be remembered.

A discharge isn’t just a formality. It can impact:

  • Your eligibility for VA benefits
  • Your civilian employment opportunities
  • Your military retirement or GI Bill access
  • Even your personal reputation

The good news? Many discharges can be appealed or upgraded, especially if you believe you were treated unfairly or new evidence supports your case.


The Seven Types of Military Discharges

Each discharge type reflects the nature of a service member’s performance and conduct. Understanding these categories is essential before pursuing an appeal.

1. Honorable Discharge

This is the highest and most desirable discharge type.

It means you met or exceeded military standards of performance and conduct.

You’ll retain full VA and federal benefits, including the GI Bill, medical care, and reenlistment eligibility.

2. General Discharge (Under Honorable Conditions)

Issued when service was satisfactory but included some minor misconduct or performance issues.

You’ll receive most veterans’ benefits but may lose eligibility for the GI Bill (if you did not have a prior Honorable Discharge) and certain reenlistment options.

3. Other Than Honorable (OTH) Discharge

One of the most common discharge types appealed.

It’s issued for significant misconduct or a pattern of behavior issues, such as repeated Article 15s or substance-related incidents.

An OTH discharge can severely impact benefits (if you did not have a prior Honorable Discharge) and future employment — but can sometimes be upgraded with evidence of rehabilitation or injustice.

4. Bad Conduct Discharge (BCD)

Imposed only after a court-martial conviction (usually a Special or General Court-Martial).

It’s considered a punitive discharge and results in the loss of nearly all veteran benefits.

5. Dishonorable Discharge

Reserved for the most serious offenses — murder, desertion, sexual assault, or other grave UCMJ violations.

It’s considered a punitive discharge and equivalent to a felony conviction and carries lifelong legal consequences.

6. Dismissal (Officers Only)

Dismissal is the officer equivalent of a Dishonorable Discharge.

It can only be imposed as a result of a General Court-Martial conviction.

A dismissal ends an officer’s career permanently, strips retirement benefits, and carries the same legal weight as a felony conviction in civilian life.

While rare, dismissals can sometimes be overturned on appeal if procedural errors, unlawful command influence, or new evidence are discovered.

Appealing a dismissal typically involves filing pursuing post-trial relief with experienced legal counsel.

7. Uncharacterized Discharge

An Uncharacterized Discharge (also called “Entry-Level Separation”) is issued when a service member is separated within the first 180 days of service.

It is not considered positive or negative — rather, it reflects that the individual did not serve long enough for their performance to be evaluated.

Common reasons include:

  • Medical conditions discovered after enlistment
  • Inability to adapt to military life
  • Administrative or entry-level issues

An uncharacterized discharge does not affect VA benefits eligibility in most cases and can sometimes be changed to “Honorable” after review if records support good conduct or a medical condition that interfered with service.


Administrative vs. Punitive Discharges

There are two main categories of discharges:

  • Administrative Discharges — Issued by command for performance or conduct issues.(Includes Honorable, General, Other Than Honorable, and Uncharacterized.)
  • Punitive Discharges — Result from a court-martial conviction.(Includes Bad Conduct, Dishonorable, and Dismissal.)

The process for appealing each is different — and the success rate depends on the evidence and how your case is presented.


How to Appeal or Upgrade a Military Discharge

There are two main ways to challenge a discharge: through the Discharge Review Board (DRB) or the Board for Correction of Military Records (BCMR).

1. 

Discharge Review Board (DRB)

The DRB reviews discharges issued within the past 15 years.

They can upgrade your discharge if they find it was inequitable (unfair) or improper (procedurally incorrect).

You’ll need to submit:

  • DD Form 293 (Application for Review of Discharge)
  • Personal statement
  • Supporting documentation (medical records, character references, awards, service history)

You can also request an in-person hearing — and having a military defense lawyer represent you dramatically increases your chances of success.

2. 

Board for Correction of Military Records (BCMR)

If it’s been more than 15 years or the DRB denied your appeal, you may be able to apply to the BCMR.

They handle more complex or older cases, including those involving injustice, discrimination, or new evidence.

Submit:

  • DD Form 149
  • Evidence supporting your claim
  • Legal argument or representation

These cases often require detailed legal briefs, which is why professional legal help is strongly advised.


Grounds for Discharge Upgrade

Discharges can be upgraded for several reasons, including:

  • Procedural errors: Your command violated UCMJ or service regulations.
  • New evidence: Facts not available at the time of discharge.
  • Inequitable treatment: You were treated differently from others in similar situations.
  • Post-service conduct: You’ve demonstrated rehabilitation through community service, education, or career performance.
  • Mental health factors: PTSD, TBI, or other conditions that contributed to the misconduct.

Recent DoD policy updates also make it easier for veterans with PTSD, MST (Military Sexual Trauma), or TBI to seek discharge upgrades.


How a Lawyer Can Help

An experienced military discharge lawyer can:

  • Gather and analyze your service records
  • Build legal arguments that align with DRB or BCMR precedents
  • Prepare written briefs and personal statements
  • Represent you in hearings before the review board
  • Increase your odds of success by presenting your case in the strongest possible light

Appealing a discharge isn’t just about paperwork — it’s about telling your story in a way that commands respect and fairness.


Frequently Asked Questions

How long does a discharge appeal take?

Typically 6–18 months, depending on the complexity of the case and board backlog.

Can I appeal a Dishonorable, Dismissal, or Bad Conduct Discharge?

Yes, but it’s more complex and involves the court-martial appeal process and potentially follow-on filings in federal court.

Can I get my benefits back after an upgrade?

Yes. Once your discharge is upgraded to Honorable or General, you may regain eligibility for VA benefits.

Do I need a lawyer to file an appeal?

You can file independently, but legal representation significantly improves your chances — especially for cases involving court-martial or misconduct findings.

Does an Uncharacterized Discharge hurt my record?

Generally no — it’s considered “neutral.” However, if it affects your benefits or career, you can request a review or upgrade through the DRB.


Take Back Your Reputation

You served your country. One mistake, misunderstanding, or medical condition shouldn’t erase that service.

If you believe your discharge was unfair, you have the right to fight back — and the power to reclaim your record.

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