GAO: More Consistency, Timeliness Needed in OTH Discharge Appeals

Veterans who leave the service without honorable discharges are having too tough a time appealing adverse decisions, according to the Government Accountability Office (GAO). As such, these actions are hindering their ability to get the educational and medical benefits through the Department of Veterans Affairs for which they would otherwise qualify.

Even though the boards operated by the Defense Department that conduct reviews of such cases operate under specific guidelines, GAO stated that these panels do not necessarily apply these standards with consistency.

“They’ve also inconsistently explained their decisions to veterans,” GAO stated.

The agency recommended that: 

• The ways boards adhere to guidelines, particularly in cases of mental health and sexual harassment or assault, should be monitored and assessed periodically.
• Adjudication timelines should be more timely and predictable.
• Communicating decisions should also be done more consistently, with clear explanations as to how conclusions were reached.
• The Defense Department should do a better job of posting documenting discharge upgrade decisions in its reading room. Even though this is required, GAO determined that some 43 percent of all documents on liberal consideration cases that were closed between January 2018 and March 2024 are not present in the reading room. Furthermore, the documents that are available “are not organized in a user-friendly manner. A process that ensures all documents are posted and effectively organized will enable the reading room to serve its intended purpose.”

Typically, OTH discharge appeals include the following steps – however – these steps should not be taken as personal legal advice. Generally this involves asking a military review board to upgrade the characterization of your service or to change the reason for separation.

1. Determine Which Board Has Jurisdiction

Discharge Review Board (DRB): Handles requests to upgrade the discharge characterization (e.g., OTH → General or Honorable) or change the narrative reason, if the discharge was within the last 15 years.

Board for Correction of Military Records (BCMR/BCNR): Handles cases older than 15 years, or appeals after the DRB has denied relief. Also considers claims of legal or procedural errors.

2. Gather Supporting Evidence

Service records: Performance evaluations, awards, letters of commendation.

Medical/mental health records: Especially if PTSD, TBI, MST, or other conditions contributed to the behavior leading to discharge.

Witness statements: From commanders, colleagues, or others with firsthand knowledge.

Post-service conduct: Education, employment, volunteer work, and community involvement since separation.

3. Complete the Required Application

DD Form 293 – for DRB requests (less than 15 years since discharge).

DD Form 149 – for BCMR/BCNR requests (more than 15 years, or after DRB denial).

*These forms ask for personal details, the relief sought, reasons for requesting it, and a summary of supporting evidence.

4. Submit the Application

Mail or electronically submit to the appropriate branch’s review board.

Keep copies of everything you send.

Some applicants use a Veterans Service Organization (VSO) or attorney for help.

5. Board Review Process

Record review: The board examines the application, service record, and evidence.

Hearing (optional but can help): You may request an in-person or teleconference hearing to present your case directly.

Decision: The board votes to grant or deny an upgrade or change. They will issue a written decision with the rationale.

6. Possible Outcomes

Upgrade granted: Your discharge may be recharacterized, and benefits eligibility (e.g., VA benefits) can change accordingly.

No change: You can appeal to the BCMR/BCNR or, in rare cases, take the matter to federal court.

See also: Military Criminal Records: How Do They Impact You, How to Correct Them?

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