The “Myth” of an “Easy” Discharge Upgrade
Amelia Khbais, J.D. Candidate ‘27, Syracuse University College of Law, Betty and Michael D. Wohl Veterans Legal Clinic
To access VA benefits, a former servicemember must meet the statutory definition of “veteran.” 38 U.S.C. § 101(2). They must have been discharged under conditions “other than dishonorable,” which means 540,566 veterans with less-than-honorable discharge statuses cannot access VA health care and disability benefits. 38 U.S.C. § 101(2); U.S. Dep’t of Veterans Affs., Regulatory Impact Analysis for RIN 2900-AQ95(F), Update and Clarify Regulatory Bars to Benefits Based on Character of Discharge, 1, 6 (Apr. …