How do I apply for a discharge upgrade when mental health issues or trauma contributed to my in-service conduct?

Veterans seeking to change the character of their discharge generally have two paths: the Discharge Review Board (DRB) and the Board for Correction of Military Records (BCMR, called BCNR for Navy/Marine Corps). The DRB typically handles discharges within 15 years and can upgrade characterizations up to Honorable, using DD Form 293. The BCMR/BCNR has no strict time limit (though there is a 3-year filing guideline from discovery of the error, which can be waived in the interest of justice) and can correct broader record issues, using DD Form 149. Both boards review the circumstances of the discharge, not just the discharge paperwork itself.

A critical piece of guidance here is the Kurta Memo (2017) and the earlier Hagel Memo (2014), which direct both boards to give liberal consideration to discharge upgrade requests when a veteran's conduct was influenced by PTSD, TBI, military sexual trauma, or other mental health conditions, even if those conditions were not diagnosed at the time of service. This means boards are instructed to weigh evidence that in-service trauma, grief, or undiagnosed mental health crises contributed to the behavior that led to the discharge. Evidence that helps includes VA or private mental health diagnoses (even post-service), statements connecting the diagnosis to the in-service conduct, and buddy or character statements from people who witnessed the veteran's state at the time. The statements already offered by former unit members can be valuable here, especially if they describe the grief, behavioral changes, or unit environment following the death of a parent.

A Veterans Service Officer (VSO) at an organization like the DAV, VFW, or American Legion can help prepare and file these packets for free, and discharge upgrade cases involving documented mental health crises are exactly the kind of case many VSOs are trained to handle, not something they would dismiss. Some veterans also use accredited attorneys or law school veterans clinics that specialize in discharge upgrade work, particularly when PTSD or MST-related liberal consideration applies. It's also worth noting that a discharge upgrade is a separate process from a VA disability claim; even with a less-than-honorable discharge, it may be possible to request a Character of Discharge determination from the VA to access certain benefits while the upgrade is pending.

The concrete next step is to contact an accredited VSO or a discharge-upgrade-focused legal clinic to begin compiling service records, mental health documentation, and character statements to file a DD Form 293 (DRB) or DD Form 149 (BCMR/BCNR) request citing the Kurta Memo's liberal consideration standard.