How to Upgrade Your Discharge After a PTSD/TBI/MST diagnosis

Understanding Discharge Upgrades: The Truth Behind the Rumors

There's a common myth floating around in military circles: that if you received an Other than Honorable or General discharge, you can simply wait six months and automatically upgrade to an Honorable discharge. Unfortunately, that’s not the case. If your military discharge is less than Honorable, you’ll need to build a strong case to justify an upgrade.

Building Your Case for an Upgrade

Your request for an upgrade can be based on two main arguments: propriety and equity. Propriety means that your command didn’t follow the correct procedures during your separation. Equity refers to the idea that your discharge is unfair. A common reason for an unfair discharge is if your misconduct was linked to a mental health condition, such as PTSD, TBI, or MST.

Recent Changes in Discharge Upgrade Policies

In recent years, there have been significant changes that make it easier to upgrade your discharge, especially if mental health issues are involved. In 2014, the Department of Defense (DOD) issued the Hagel memo, which stated that they would give "liberal consideration" to upgrade requests if service records indicated any PTSD symptoms related to military service.

Then in 2016, the Carson memo clarified that this same consideration would apply to servicemembers with traumatic brain injuries. It also allowed veterans who had previously applied for upgrades to have their cases reviewed again under these new guidelines.

Ensuring Fairness in the Review Process

However, after three years, it became clear that the various discharge review boards were applying these new standards inconsistently. To address this, the DOD released the Kurta memo, which aimed to create a uniform approach to applying the "liberal consideration" standard. This memo specifically included PTSD, TBI, sexual assault, and sexual harassment. It also acknowledged that many mental health conditions might not have been diagnosed during service and that sexual assaults often went unreported. Importantly, it allowed boards to consider evidence from sources outside of service records when reviewing cases for discharge upgrades.

Your Path to an Upgrade

If you were separated with a General (Under Honorable Conditions) or Other than Honorable discharge, you can apply to the Discharge Review Board for an upgrade. If you have evidence of a mental health condition like PTSD, TBI, or MST—even if it isn’t documented in your service records—you may have a solid chance of success.

Get the Help You Need

For a consultation about your case and the best path forward, call me at (760) 239-7294. Together, we can work towards upgrading your military discharge and ensuring that your service is recognized appropriately.