How to Appeal a Dishonorable Discharge

A dishonorable discharge from any branch of the military is a shameful action that can scar a person's reputation even after he passes away. You can appeal a discharge, for yourself or a deceased relative, although reversing the ruling can be incredibly difficult.

Difficulty: Challenging

Instructions

1. Find out whom to contact to begin the appeal process for a dishonorable discharge. Each branch of the military has a separate appellate court system to handle these cases. If your discharge was handed down as a result of a court martial, then your case will automatically go to one of these courts before the final ruling.

2. Begin the appeals process as soon as possible. After 15 years have passed from the date of your discharge, you'll have to file paperwork with the Board of Correction for Military or Naval Records to try and change the ruling. Expect to wait several months or longer to receive a date for your appeal.

3. Review your discharge case and find a way to prove that you or your relative were unrighteously given the dishonorable status. Courts will rarely change the ruling unless there is new evidence that proves an internal error or foul play against the service person.

4. Upgrade your re-enlistment eligibility code (RE) if you successfully changed your discharge ruling. As an honorable discharge, you should now have the option to re-enlist in the services, although this detail varies by branch.

5. See whether you can get other veteran's benefits once your status has been changed. For example, the Veteran's Affairs Office often provides services to anyone who left the military for any reason other than a dishonorable discharge.

6. Find a military lawyer to help you appeal your case. Remember that your dishonorable discharge may make it difficult to enlist the services of a military lawyer, so be sure that you can present her with feasible reasons for why your case should go forward. Civilian lawyers with military experience may be your best bet for helping you successfully appeal your case.

Tips & Warnings

• Unlawful influence of your superior officers or factual errors in your previous trial are two common arguments used to help win over an appellate court.
• Give your employers the edited version of your military discharge certificate (DD 214). This shorter version does not include the reasons for your dishonorable discharge, nor does it even mention it. Note that if an employer requests the unedited version, you are required to present it to them.

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