Have Military Law Questions? Ask a Military Lawyer.
Thank you for your question today, I look forward to assisting you. I have nearly 20 years of legal experience in various disciplines, including JAG.
When was the discharge granted?
Ok. You need to retrieve your military records from the archives first.
Once you have that information, you need to file a DD Form 293 with the discharge upgrade board appropriate for your branch of service. The appropriate location to file that form is actually found on the form (each branch is listed). You can find the form online.
You do not need an attorney to file that request, however, the percentages show that individuals that use an attorney to help formulate and organize their application for upgrade have better success. You can find plenty of attorneys that do this work simply by typing attorney and DD Form 293 in google.
Now, I want to warn you in advance that the process is slow and not as successful as most servicemen were perhaps led to believe it would be when they separated. It is actually not a common occurrence for these things to be upgraded. Less than 1/3 of General discharges are ever upgraded to Honorable.
The applications that have the best chance of gaining the upgrade contain two things.
1. Evidence of positive life changes since the separation to include education, community connection and service, etc.
2. Applications demonstrate how the General Discharge is hindering them from fully engaging in the positive life changes they've already mentioned. It's holding them from higher education or more important jobs, etc.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).