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Sean Kendall

Guidelines to Upgrading Discharges based on PTSD

The Department of Defense has come up with new and, at least on paper, fairly liberal guidelines to upgrading discharges from military service based upon PTSD in service.  Many veterans receive discharges from the military based on misconduct that occurs because a veteran is suffering from PTSD.  A bad discharge may eliminate all entitlement to VA compensation benefits, medical care, GI Bill and home loan benefits.  Now veterans that can show that had only one symptom of PTSD in service may receive an upgrade of the bad conduct discharge to either General or Honorable, which entitles such veterans to VA benefits.  

Further, the Department of Defense has indicated that the time limit to file, which is generally 15 years, either for reconsideration of a previous denial or a new application, will be waived in cases of requests for discharge upgrade based on PTSD.  This applies to applications before the service department Board for Correction of Military Records.  (ABCMR, BCNR, AFBCMR)  Thus, Vietnam Veterans, that have had their applications for upgrade denied in the 1970s and 1980s, may now apply for and receive a discharge upgrade based upon PTSD in service, despite the passage of time.  Younger veterans may also apply to a variety of other boards which have a much shorter time line, such as the service branches Discharge Review Boards.  

Contact us and we can help you upgrade your discharge and receive VA benefits.