What do I need to show to get my discharge upgraded?

In order to get your discharge upgraded, the burden of proof is with the applicant to demonstrate to the discharge review board that his or her discharge either lacked “propriety” or that it was based on “inequity.”  So, what do these terms mean?  Propriety refers to whether or not service regulations were followed in the discharge process.  Inequity refers to whether or not the applicant was give equal treatment during the discharge.  In other words, whether a set of rules or regulations was applied equally to the same set of circumstances.   For example, let’s say an applicant was discharged with a General Discharge characterization after reporting to mental health in the year 1999.  A few years ago, many regulations were produced to prevent a stigma from attaching to those servicemembers who seek mental health treatment.  This servicemember may be able to provide strong evidence of inequity to the discharge review board and get his discharge upgraded to an Honorable discharge.  This is just one example, there are many ways to show inequity as well as a lack of propriety.  It is not easy to get your discharge upgraded, and therefore I recommend that you find experienced and competent representation to assist you with this.  It is worth doing because the discharge review board cannot downgrade your discharge.   The discharge review board will review requests from applicants who were discharged within the last 15 years.  If your discharge is more than 15 years old, you can apply to the appropriate Board for Corrections of Military Records for an upgrade.  I have a lot of experience requesting upgrades and other actions to these boards on behalf of my clients.  Many of these requests have been granted.  I have the experience to know whether you have a good chance of being successful.  I will be honest with you and tell you what your chances are.  If I don’t think you should spend the time or the money, I will tell you that.  The call is free.  Let me help you. To speak to an experienced court-martial and military defense attorney, call Bill Cassara at 706-860-5769 for a free consultation.

William E. Cassara- Military Law Attorney

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