It has been 6 years since I have been discharged from the Army with a BCD. Am I eligible for an upgrade yet?

2018-03-21T15:26:46-04:00

Response by SSG Trevor S. made Mar 21 at 2018 3:28 PM

2018-03-21T15:28:17-04:00

Eligible is different than deserving.

Response by Sgt Private RallyPoint Member made Mar 21 at 2018 4:04 PM

2018-03-21T16:04:26-04:00

Just because it has been six years, does not mean that your Bad Conduct Discharge has expired. You will have an uphill battle trying to get it changed.

Response by SFC Andrew Miller made Mar 21 at 2018 4:13 PM

2018-03-21T16:13:38-04:00

Contact the Veterans Pro Bono Consortium. They can review your situation and determine if you have a case. A very small percentage of discharge upgrades are approved, for good reason.

Only the Board for the Correction of Military/Naval Records (BCMR), not the Discharge Review Board (DRB), can review a discharge over 15 years old or upgrade a Bad Conduct Discharge, BCD, or Dishonorable Discharge, DD, given in a General Court Martial. Only the BCMR, not the DRB, can change the reason for discharge to physical disability, or revoke a discharge and reinstate a veteran to active duty.

Response by CWO3 Private RallyPoint Member made Mar 21 at 2018 4:26 PM

2018-03-21T16:26:50-04:00

BCDs or OTHs don't have a shelf life. You will have to take the actions required through the Service, BCMR or CMA to challenge your discharge. Nothing about this is automatic. It takes paper to change paper.

Response by SGT Aric Lier made Mar 21 at 2018 4:32 PM

2018-03-21T16:32:52-04:00

its unfortunate that stupid decisions follow you forever.....no you got off easy best of luck

Response by PO3 Phyllis Maynard made Mar 21 at 2018 5:22 PM

2018-03-21T17:22:16-04:00

SPC Robert Stowell refer to SFC Andrew Miller post. The Board for the Correction Military Records is the correct venue to present your request. (that venue determines if you are deserving, you are an individual with a label and only the proper authority can determine if there are mitigating circumstances). Do not spend money. Go to a Veteran Service Organization such as the Disabled American Veterans DAV or go to your County Veterans Service Officer in the courthouse building or wherever local county government has it housed. Any positive documentation you have such as employment reviews, volunteerism, letters of character, or anything that gives a picture of you today should be included as character reference. If you have any diagnoses from doctors, clinics, support groups for PTSD, substance abuse that is military related include that also. And any hardships incurred by a BCD include those. Best wishes to you.

Response by SGT Eric Davis made Mar 21 at 2018 5:46 PM

2018-03-21T17:46:37-04:00

Just cause it’s been 6 years don’t mean you are automatically eligible for an upgrade. You have to prove the the discharge was unjust and unfair. I had a misconduct discharge and since I been out I’ve been in college and became a police officer but that still didn’t help my upgrade and I had proof that I was lied upon leaving the military but that didn’t help an upgrade. I just got back in wit a waiver and it was only cause the proof I had to show I should of not been discharged.

So again I hate I for you but you need to contact a VET REP or William Cassara to help you!!

Response by Cpl Tom Surdi made Mar 21 at 2018 7:38 PM

2018-03-21T19:38:08-04:00

That depends on what you did. Very few are ever turned over into General Discharge. But considering you can only receive a BCD if you were Court-Martial'd and probably spent time in prison, it doesn't look that that good for you.

Here is a useful website that tells you how.

https://themilitarywallet.com/types-of-military-discharges/

Types of Military Discharges - Understand Discharge Ratings

Types of military discharges: Honorable, General, Under Less than Honorable, Bad Conduct, Dishonorable, Dismissal, & Entry Level Separation. Learn more here

Response by COL Private RallyPoint Member made Mar 21 at 2018 10:49 PM

2018-03-21T22:49:07-04:00

DD Form 293 is what you need to request a change in your discharge. You need to do it within 15 years of your discharge. You should probably talk to a lawyer, preferably an ex JAG lawyer who understands military. Good luck- you really will need it.

Response by SFC Robert Walton made Mar 22 at 2018 9:09 AM

2018-03-22T09:09:02-04:00

https://www.thebalance.com/upgrading-your-military-discharge-3331982
You have a 15 year time frame from Discharge to apply so if it has been 6 yrs you have only Nine left, Form 293 can be found online and down loaded A stop at a local Library search it and Print it follow the instructions both front and back be matriculate triple check every thing.
I am only answering your question it is not for me to Judge, so I am just providing information.
Would Help if some other folks on RP would learn to answer questions instead of bashing some one when all the details and facts are not present.
stay safe!

Is it Possible to Upgrade Your Military Discharge?

Want to know how to upgrade your military discharge? Use this review to get tips on the process, including when to apply and where to turn for help.

Response by GySgt Bill Smith made Mar 22 at 2018 9:49 AM

2018-03-22T09:49:21-04:00

Are you a Country Music singer?

Response by PO2 Darrell Weyman made Mar 22 at 2018 12:47 PM

2018-03-22T12:47:08-04:00

Why do you want to upgrade? There is a reason you got the BCD. You also accepted it. Bennies are for those who made it honorably.

Response by PO1 Mary Vermont made Mar 22 at 2018 7:26 PM

2018-03-22T19:26:32-04:00

Up grade for what? You get time iff for good behavior once your out?

Response by LTC Private RallyPoint Member made Mar 22 at 2018 8:29 PM

2018-03-22T20:29:06-04:00

I always want to know what the discharge is for first before I answer questions like this. The military community is truly a band of brothers and will do a lot to help you....if you deserve it. You may be awesome but I find that most people discharged with other than honorable to be exactly that...other than honorable.

Response by 1SG Private RallyPoint Member made Mar 26 at 2018 9:59 AM

2018-03-26T09:59:32-04:00

Judging by your tags, there is another approach I haven't seen mentioned yet from a VA perspective.

That BCD means a conviction by Special or General Court Marshall, and it means that you did something bad enough to earn it.
HOWEVER
There are situations where the VA can make a finding that your conduct was caused by something in service and they give you something called an HVA - Honorable for VA purposes.
You give no details, so I will use a parable to explain this.
Let's say you deploy and get a TBI, and that leads to alcoholism. Your abuse of alcohol causes missed formations and discipline issues, culminating in a missed movement and additional charges. The CoC throws the book at you, thinking you are a ragbag that needs to go away. You refuse an Article 15 and the case goes to SCM, where you are found guilty and sentenced to 6 months confinement and a BCD.
If you can show the link between the conduct and the TBI, you have a fighting chance for a HVA finding an eligibility for treatment and Compensation - which I gather is the objective here.

Response by Katie Gladki made May 29 at 2018 4:09 PM

2018-05-29T16:09:19-04:00

SFC Andrew Miller mentioned the Veterans Pro Bono Consortium. Contact them at [login to see] or by e-mail at [login to see] . They are based in D.C. but help vets throughout the country.