1. How much time do I have to apply for a discharge upgrade?
Petitions to Correct Military/Naval Records need to be made to the Board for Correction of Military/Naval Records within 3 years but the Board can consider a late petition if it finds that it is "in the interests of justice". Petitions to the Discharge Review Boards need to be made within 15 years. Additionally further court review of discharge upgrade actions may be possible and court actions have their own time limitations. You should consult with qualified legal counsel regarding the specific time limits in your case. Generally you should proceed as soon as possible to not lose important rights and because delay may make some evidence and records harder to obtain.
2. What should I do to prepare to submit a petition to upgrade my discharge?
The first step after determining what your filing time limits are (see Question 1) is to obtain your entire official military personnel file (OMPF), not just your DD-214 (Certificate of Release or Discharge from Active Duty). The board which reviews your file to see if your discharge should be upgraded will review your entire OMPF, so you need to get your entire OMPF to see exactly what is in it. It probably has less information in it than you think. You may need to get other documents which are not in your OMPF though Freedom of Information and/or Privacy Act requests for documents. An experienced attorney can assist you with getting all the needed documents and evidence.
3. How do I get my Official Military Personnel File (OMPF)?
Go to this link for information on obtaining your OMPF and other files such as your medical records. http://www.archives.gov/veterans/
4. Does the military actively re-investigate my service time or the error that I am claiming?
Usually not. Normally the military simply reviews your records and the evidence you submit to see if you meet the standard to correct your discharge or other records.
These FAQs are provided as general information and are not legal advice. You should seek specific legal advice regarding your situation from qualified legal counsel.
