An Other Than Honorable (OTH) discharge can affect a service member’s opportunities indefinitely. Employers, benefit programs and other parties conducting background checks may deny people opportunities due to their OTH discharge records.
Those who did not receive an honorable discharge often wonder whether it is possible to upgrade or alter the characterization of their discharge. Both the Board for Correction of Military Records (BCMR) and the Naval Discharge Review Board (NDRB) can theoretically review the discharge records for individual service members and alter what shows up during background checks.
When is a discharge upgrade possible?
In scenarios where service members receive an OTH discharge, the record implies an issue with the service member’s history with the military. Issues with discipline, unauthorized absences and other challenges may result in an OTH discharge that limits a service member’s opportunities and eligibility for military benefits, although some veteran benefits are likely available.
For those hoping to upgrade their records, working with an attorney to petition the BCMR or NDRB can be helpful. Especially in scenarios where individuals experienced something traumatizing during their service and developed post-traumatic stress disorder (PTSD), evidence of their diagnosis and mental health challenges could convince the relevant board reviewing the situation to upgrade their discharge.
Similarly, compassionate consideration is often available to those who sustained traumatic brain injuries (TBIs) during their service. TBIs could be the result of blunt-force trauma due to a blow to the head or percussive force caused by explosions. Regardless of the origins of a service-related TBI, the impact that a brain injury has on a person’s behavior, cognition and personality can influence what the BCMR or NDRB decides is appropriate.
If there is evidence showing that the discharge was the result of a TBI, PTSD or other mental health challenges, the board reviewing the case must provide liberal consideration of the health challenges and how they may have affected the job performance of the service member. Review boards often need to assume that mitigating factors are present when there is medical evidence validating that a TBI, PTSD or another mental health challenge impacted the service member’s behavior and their discharge.
The attorney assisting the service member generally needs compelling evidence, including both treatment and diagnostic paperwork for medical professionals. Both records from the VA and from private medical practitioners can help substantiate the assertion that behavioral or performance issues stemmed from their medical challenges. Even letters submitted from friends and family can highlight how a person’s behavior changed following the development of their invisible injuries.
Discharge upgrades can have a profound impact on the service member who received an OTH discharge. Working with an attorney familiar with discharge upgrades is critical for those hoping to update military records to reflect the reality of their circumstances.