Discharge Upgrades

On November 27, 1979, the United States District Court for the District of Columbia in ''Giles v. Secretary of the Army" (Civil Action No. 77-0904), ruled that a former Army service member is entitled to an honorable discharge, if discharged before 1 January 1975 as a result of an administrative proceeding in which the Army introduced evidence developed by or as a direct or indirect result of compelled urinalysis testing administered for the purpose of identifying drug abusers (either for the purposes of entry into a treatment program or to monitor progress through rehabilitation or follow up). In other words, the court said it was okay to discharge for such urinalysis results, but it was not okay to base the service-characterization on such results.

When the court ruled against the Army for this practice, the Army established a program which allowed soldiers who were involuntarily discharged under the above circumstances to get an "automatic" discharge upgrade. This policy launched an ongoing rumor that anyone who receives a discharge lower than honorable could easily get their discharges upgraded. Unfortunately, getting a discharge upgraded is neither easy, nor is it "automatic." While anyone can apply to the appropriate Discharge Review Board (DRB) for a discharge upgrade, or a change in the discharge reason, the individual must convince the board that their discharge reason or characterization was "inequitable" or "improper."

Inequitable means the reason or characterization of the discharge is not consistent with the policies and traditions of the service. Improper means that the reason or characterization of the discharge is in error (i.e., is false, or violates a regulation or a law). For example, an "Inequity" would be: "My discharge was inequitable because it was based on one isolated incident in 28 months of service with no other adverse action." "Improper" would be: "The discharge is improper because the applicant's preservice civilian conviction, properly listed on his enlistment documents, was used in the discharge proceedings."

Your Right to Apply for Correction of Records

Any person who has been discharged or dismissed, or his or her heirs or legal representative, may apply to the appropriate service's DRB. The Army, Air Force, and Coast Guard have separate boards. The Navy operates the board for both Navy personnel and members of the United States Marine Corps. Title 10, United States Code, Section 1553, is the law governing upgrading military discharges. This statute authorizes the Secretary of the service concerned "establish a board of review, consisting of five members, to review the discharge or dismissal (other than a discharge or dismissal by sentence of a general court-martial) of any former member of an armed forceunder the jurisdiction of his department upon its own motion or upon the request of the former member or, if he is dead, his surviving spouse, next of kin, or legal representative."

The Boards are not allowed to revoke a discharge, or recall a person to active duty. Bad conduct discharges imposed by Special Court-martials are reviewed only as a matter of clemency.

When to Apply for an Upgrade of your Discharge

Under the law, you must make your application for discharge upgrade within 15 years of discharge. If your discharge is older than 15 years, you must apply for a change to your military records.

How To Apply

Application is a simple process. You should use a DD Form 293, Application for the Review of Discharge or Dismissal from the Armed Forces of the United States. In addition to downloading the form, The DD Form 293 is available at most DoD installations and regional offices of the Veterans Administration, or by writing to:

Telephonic assistance is available at 1-703-607-1600

You should complete the form very carefully by typing or printing the requested information. Attach copies of statements or records that are relevant to your case. Make sure you sign item 9 of the form. Mail the completed form to the appropriate address on the back side of the form.

How To Support Your Request

The Board will upgrade your discharge only if you can prove that your discharge is inequitable or improper. You do this by providing evidence, such as signed statements from you and other witnesses or copies of records that support your case. It is not enough to provide the names of witnesses. The Board will not contact your witnesses to obtain statements. You should contact your witnesses to get their signed statements with your request. Your own statement is important. Put your statement in clear terms in section 8 of the DD Form 293. Make sure you carefully read the instructions on the back of the form concerning issues. Explain what happened and why it is an inequity or improper. Normally, the best evidence is statements from persons who have direct knowledge or involvement. For example, statements from persons in your rating chain, your supervisor, first sergeant or commander. Or a statement from the chaplain, or anyone else with direct knowledge of your military service.

The board is not going to be interested in your behavior or conduct *after* you left the military.

Contain your statements to periods which were directly related to your military service. This is only a general rule, however. You must decide what evidence will best support your case. The DRB looks for issues of equity and propriety. The burden of proof is on you to establish the discharge was inequitable or improper. It may take you some time to gather statements and records to support your request. You may wish to delay submission of your application until information gathering is complete. You might wish to request a copy of your military records from the National Personnel Records Center (NPRC), to include with your application. You should, however, submit your request within the 15-year time limit.

Getting Help

With few exceptions, the DRB can consider all discharges for upgrade. The Board cannot, however, change a punitive discharge imposed by a courts-martial. Most applicants represent themselves. If your request is complex, you may want someone to represent you:

• Many veteran service organizations have staff members who will represent you in applying to the Board, and assist you in completing the necessary paperwork.
• You may also hire a lawyer to represent you at your own expense.
• You should name your representative on DD Form 249, item 6.
• If you name a representative, the Board will normally deal with your representative rather than directly with you.

Advice and guidance are available from many sources. Military Personnel specialists can advise you on personnel issues. Veteran service organizations will advise you even though you decide to represent yourself. You may discuss your case with a Board staff member, or you may write to the Board, and a staff member will respond to your questions. Several attorneys specialize in military discharge review processes.

Where to Send the Form

Mail the completed DD Form 293 to the appropriate address:

ARMY: Army Review Boards Agency, Support Division, St. Louis, ATTN: SFMR-RBR-SL, 9700 Page Avenue, St. Louis, MO 63132-5200

NAVY & MARINE CORPS: Naval Council of Personnel Boards, 720 Kennon Street, S.E., Rm. 309 (NDRB), Washington Navy Yard, DC 20374-5023

AIR FORCE: SAF/MIBR, 550-C Street West, Suite 40, Randolph AFB, TX 78150-4742

COAST GUARD: Commandant (G-WPM), 2100 Second Street, S.W., Washington, DC 20593-0001