UNLOCKING VETERAN BENEFITS: UPGRADE YOUR DISCHARGE STATUS THROUGH VA LEGAL SERVICES


By akirschbaum
Soldier saluting accessing VA legal services.

Once personnel exist in the military, they will automatically receive a discharge indicating their separation circumstances in their record. One of the most common is the honorable discharge. However, there are other types, such as the bad conduct discharge and general discharge, which could affect a Vet's ability to be eligible for and to receive VA benefits. This will be a permanent record, and it's not likely that a Veteran will receive a discharge upgrade. There is a review process, but it is 15 years within the discharge, and the Veteran must show evidence and documentation of a mishandled discharge to get a record change. However, a change has occurred. Now, there is a new VA legal services program for Vets to have a status upgrade.

What's a Military Discharge?

In the military, there are two types of discharge: administrative and punitive.

An administrative discharge separates the personnel from service via administrative actions. This can be in the form of involuntary separations, such as improper conduct or medical reasons. There are also voluntary reasons, such as leaving after the completion of the current term. This type of discharge can also lead to general, honorable, or other than honorable discharge.

The second type is a punitive discharge, and it commonly results in a dishonorable discharge. This type requires the court's involvement due to misconduct, substance abuse, security breaches, or failure to do military service duties. This type of discharge can heavily affect a member's ability to receive Veteran benefits and complete future military service.

For a service member to be eligible for such benefits, their discharge status should not fall under the dishonorable category. However, in some instances, a service member may still be eligible for some benefits after the VA determines it, or they can use the VA legal services program to upgrade their status.

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A New VA Legal Services Program for Veterans is Available

It is known to all that a service member may lose all their benefits once they receive a dishonorable discharge. However, it seems that there is a ray of hope as the Department of Veterans Affairs has suggested establishing a grant program. This will aim to provide legal support to help Vets have better access to the VA program, seek a review of military records, and improve their discharge status or characterization.

The new VA legal services aim to increase compensation, health care, education, national cemetery matters, pension, loans, and VA character of discharge determinations. This is a result of the partnership between the current administration and the VA, which aims to ensure that every Veteran is entitled to their benefits.

Around the first quarter of this year, the VA made changes to its regulations on character discharge determinations. This move opened many opportunities to former service members deemed ineligible to reapply for VA care and benefits.

The new VA legal services for Veterans are part of the continued effort of Veterans Affairs to expand their reach to former service members with discharge statuses that are other-than-honorable and have bad conduct. This has been a continued program of the organization, as for the past ten years, they were able to grant 75% eligibility to former service members who received an other-than-honorable discharge status.

Here's How Veterans Can Change Their Discharged Characterization

There are two ways that Vets can change their discharge characterization.

The first is the Discharge Review Board. Military departments each have their own review board. The second is the Board for Correction of Military of Naval Records. Just like the above board, this one also has it's own review board.

Marines and Sailors would apply to the Department of the Navy boards, Airmen apply to the Department of the Air Force boards, and Soldiers apply to the Department of the Army boards.

When applying, it is important that Veterans clearly explain what they wish to accomplish to the boards. They should not only state what change they desire, but should be able to explain why the military record is unjust, wrong, and should try to provide supporting documents when possible.

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The Expansion of VA Benefits

In some cases, Veterans who have an other-than-honorable discharge can be eligible for VA services and programs if they receive a favorable outcome via the VA legal services, military service discharge review board, VA's character of discharge determination, or by the military or naval correction board. This new program aims to provide previous service personnel with legal assistance to go through the processes.

Modern Military Association of America, a group that supports LGBTQ+ service members, mentioned that this new process will primarily help the Vets. Diana Weston, an LGBTQ+ Veteran, supports the new VA legal services, saying that it would bring justice to those who are stripped of their rights.

VA Secretary Denis McDonough even mentioned that Veterans with other than honorable discharges should apply for VA care and benefits. Even though they cannot change the discharge status, Veterans Affairs wants to offer its services to service members in need. He even added that the process of navigating the review boards and determination can be daunting, but the new VA legal services for Veterans will help fill that gap.

How the VA Legal Services Application Process Works

The application processes to upgrade your discharge status is rather straightforward. To begin applying to a Discharge Review Board, you first need to fill out a DD Form 293, Application for the Review of Discharge from the Armed Forces of the United States. The form can be done by mail or electronically.

For other military record errors that are more than 15 years old, or if the DRB denied the request for the change, Veterans can apply to their military department's BCMR or BCNR. To apply, you need to submit a DD Form 149. If you have questions about the process, or run into hurdles while upgrading your discharge status through VA legal services, the departments of Defense and Veterans Affairs have a joint website that answers common questions and provides personalized resources to your questions.

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