You will then enter the required information in the system to create a customized request form. The form must be printed, signed and dated, then submitted via fax or mail. The Privacy Act of , 5 U. If you have received a less than Honorable Discharge and wish to appeal to the VA to have it upgraded you must wait for a minimum of 6 months from your date of separation to appeal.
If you don't get the upgrade, you'll get the board's letter explaining their decision. You have 15 years from the date of your discharge to apply for an upgrade to your discharge status or the reason for your discharge through the Discharge Review Board DRB. There is a three-year statute of limitations for submitting requests to the Board of Corrections for Military Records but very frequently BCMRs accept late applications as long as a good reason for the delay is provided.
Again, hiring a disability attorney can help you win a discharge upgrade on appeal. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. The attorney listings on this site are paid attorney advertising. In some states, the information on this website may be considered a lawyer referral service.
Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Grow Your Legal Practice. Meet the Editors. How to Get a Military Discharge Upgrade. What Can a Discharge Review Board do? Discharge review boards can do the following. Upgrade general discharges, other than honorable undesirable discharges, and special court-martial bad conduct discharges, and Change the reason for discharge.
Can I Get a Discharge Upgrade? In addition, submitting the following may influence the Discharge Review Board in your favor: your statement statements from others you served with as high ranking as possible character references from an employer, clergy, or others educational records post-service employment history credit reports showing good credit, and information about your good conduct after service including a clean criminal record.
Rescheduling Hearings If you do request a hearing, once it is scheduled let the DRB know right away if you can't make it. What Will the Hearing be Like? Talk to a Lawyer Need a lawyer?
Start here. Practice Area Please select Zip Code. NPRC does not have records of members who are still in the active or inactive reserves or in the National Guard. This schedule mandates the legal transfer of these files from DOD ownership to NARA ownership 62 years after the service member's separation from the military.
As part of the initial transfer, the records of 1. In addition, OMPFs of "Persons of Exceptional Prominence" PEP files - such as Presidents, members of Congress and the Supreme Court; famous military leaders; decorated heroes; celebrities; and other cultural figures who served in the military - were also made available to the public for the first time see below for additional information.
Records of individuals who left service less than 62 years ago are non-archival and are maintained under the Federal Records Center program. Federal non-archival OMPFs are subject to access restrictions, and only limited information or copies of documents from these records may be released to the general public within the provisions of the law. See Federal Records Center Program to access these records. Based on a rolling date of 62 years, all military personnel records will eventually become archival records , open to the general public.
This "early" opening of the records to the public is based upon the desire of the National Archives and the DOD to make the records of historically significant individuals available for research.
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