In 2017, the American Bar Association, Congress, the Department of Defense (DOD), and the Department of Veterans Affairs (VA)have issued guidance on upgrading less than Honorable discharges in situations of Post Traumatic Stress Disorder (PTSD) and in other specified circumstances. Some of these persons were not eligible for VA or military benefits because of the characterization of their discharge. VA has now posted a new online link for upgrades.
https://www.vets.gov/discharge-upgrade-instructions is the VA link.
Most individuals with criminal charges and court-martial dismissals are not eligible for upgrade through this link. Eligible individuals are veterans discharged because of incidents relating to post-traumatic stress disorder, traumatic brain injury, sexual assault or sexual orientation. The military services Board for the Correction of Military Records (BCMR) also will consider upgrading such discharges if certain criteria are documented.
Contact an experienced attorney if you need assistance with either VA or BCMR. VA and the services consider specified criteria and you need to evidence the information that meets that criteria. For example, medical documentation and the connection of PTSD to misconduct leading to discharge, for example, is important.