The “Myth” of an “Easy” Discharge Upgrade
To access VA benefits, a former servicemember must meet the statutory definition of “veteran.” 38 U.S.C. § 101(2). They must have been discharged under conditions “other than dishonorable,” which means 540,566 veterans with less-than-honorable discharge statuses cannot access VA health care and disability benefits. 38 U.S.C. § 101(2); U.S. Dep’t of Veterans Affs., Regulatory Impact Analysis for RIN 2900-AQ95(F), Update and Clarify Regulatory Bars to Benefits Based on Character of Discharge, 1, 6 (Apr. 23, 2024), https://www.regulations.gov/document/VA- 2020-VBA-0018-0124. While veterans can seek a discharge upgrade through their service branch, the process is often difficult and slow, and a VA Character of Discharge (COD) determination may offer a faster path to accessing care and benefits.
Many veterans believe the “myth” that discharge upgrades are “easy” because the process is widely known in the military. In reality, it is often difficult, and this belief may lead servicemembers to accept less-than-honorable discharges without first contesting them through a court-martial. Turned Away: How the VA Unlawfully Denies Health Care to Veterans with Bad Paper Discharges 8 (2020). In many cases, a discharge for “misconduct” is tied to service-connected mental health conditions. These conditions can affect a servicemember’s performance, but commanders may view the behavior as misconduct rather than a symptom of an underlying issue. Id. at 4–5. As a result, veterans with serious mental health conditions often face added barriers to care and treatment after discharge because they do not initially qualify for VA benefits and services.
Veterans have three main ways to change their VA eligibility: (1) applying for a discharge upgrade through a Discharge Review Board (DRB) or Board for Correction of Military/Naval Records (BCM/NR), (2) requesting a VA Character of Discharge (COD) determination, and (3) seeking limited health care eligibility under Chapter 17. 10 U.S.C. § 1552(a)(1); 38 U.S.C. § 5303B(a); 38 C.F.R. § 3.360(a) (2026). Military boards can correct records, including discharge status, to fix an error or injustice, while a VA COD determination does not change the discharge itself; it only decides whether the veteran qualifies for benefits despite that status. 10 U.S.C. § 1552(a); 38 U.S.C. § 5303B(a). Chapter 17 provides limited access to VA health care for treatment only and does not confer broader VA benefits. 38 C.F.R. § 3.360(a). Together, these options can create the impression that changing eligibility is a simple process, but it often is not.
These methods pose challenges for veterans seeking changes to their discharge status to access VA benefits. Discharge upgrades are both unlikely and slow. In the first quarter of 2024, DRBs and BCM/NRs across all branches granted upgrades in only 32% of cases. Department of Defense, Electronic Reading Room for the Military Departments’ Boards for Corrections of Military/Naval Records (BCM/NR) and the Discharge Review Boards (DRB), https://boards.law.af.mil/stats/CY2024/01.%20Jan-Mar%202024%20Quarterly%20Stats%20for%20Review%20Bds.pdf; 10 U.S.C. § 1552(a)(1); 10 U.S.C. § 1553 (a)–(b). Even when veterans apply, the process can take months to years just to be docketed, much less have their case heard. Jessica Lynn Wherry, Kicked Out, Kicked Again, 108 Calif. L. Rev. 1357, 1370 (2020). Backlogs contribute to delays, with one report noting nearly 26,000 cases pending for more than 10 months, over half of them in the Army alone. Andrew Tilghman, DoD Willing to Reconsider Discharges of Vietnam Vets with PTSD, Mil. Times (Sept. 3, 2014), https://www.militarytimes.com/news/pentagon- congress/2014/09/03/dodwilling-to-reconsider-discharges-of-vietnam-vets-with-ptsd/. These delays and low success rates stand in sharp contrast to the “myth” that discharge upgrades are “easy” to achieve.
Although a full discharge upgrade may seem initially appealing, a VA COD determination is often the more effective path to securing VA benefits access. A COD determination does not change the veteran’s DD214 but instead allows the VA to find the discharge “honorable for VA purposes” if the veteran meets an exception to one of the enumerated statutory or regulatory bars. U.S. Dep’t of Veterans Affs., M21-1 Adjudication Procedures Manual, pt. XIII, subpt. i, ch. 3, § B.1.d.; 38 U.S.C. § 5303(a); 38 C.F.R. § 3.12(c), (d) (2026). Additionally, COD determinations are granted faster and far more often than discharge upgrades. While DRBs and BCM/NRs have low approval rates, the VA has granted 76% of COD petitions on average over the past decade. VA FOIA Request 25-18838-F.
A system exists for veterans with less-than-honorable discharges to access VA benefits, but it is complex and far from “easy.” The common “myth” is that discharge upgrades are straightforward. In practice, VA Character of Discharge (COD) determinations are frequently the most effective path to VA health care and benefits for veterans with less-than-honorable discharges, and often an intermediate step for those seeking a later discharge upgrade. The Betty and Michael D. Wohl Veterans Legal Clinic at Syracuse University College of Law regularly handles both VA COD claims and discharge upgrade petitions at the military DRBs and BCM/NRs.