Veterans Benefits and Discharge Upgrades: What NJ Service Members Should Know

Veterans with less-than-honorable discharges may be denied VA benefits. Discharge upgrades and correcting your DD-214 record in New Jersey.

Veterans benefits and discharge upgrades in New Jersey

Legal landscape note: This article was originally published in 2015 and describes the law as it stood at that time. New Jersey law changes frequently.

Overview

You served, but your DD Form 214 (DD-214) says other than honorable, and doors keep closing because of it. What appears on that single form matters enormously: it determines not only eligibility for Department of Veterans Affairs (VA) healthcare, disability compensation, and education benefits, but can also affect employment prospects in both the public and private sectors. For many veterans with other-than-honorable discharges or separations, it blocks the benefits they earned through their service.

The good news is that both the VA and the Department of Defense (DoD) have procedures for providing relief from other-than-honorable discharges. For veterans in New Jersey who believe their discharge was unfair or connected to service-related conditions, a discharge upgrade or VA benefits appeal may be a viable path forward.

Why Discharge Character Matters

An other-than-honorable discharge or separation can render a veteran ineligible for:

  • VA healthcare and disability compensation
  • GI Bill education benefits
  • VA home loans
  • Preference in federal and state hiring
  • Certain private-sector employment opportunities

For veterans who served honorably but received a less-than-honorable discharge due to circumstances beyond their control, this can feel like a second punishment -- one that compounds the difficulties of transitioning to civilian life.

Congressional hearings and VA studies have documented troubling patterns. Many service members deployed to Afghanistan and Iraq -- including combat veterans with multiple deployments -- were discharged under less-than-honorable circumstances for behaviors that were manifestations of:

  • Post-Traumatic Stress Disorder (PTSD)
  • Traumatic Brain Injury (TBI)
  • Other service-related mental health conditions
  • Military sexual trauma

VA studies indicate that nearly a quarter of female veterans and nearly a tenth of male veterans reported a history of military sexual assault. Survivors of sexual assault often suffer emotional and psychological harm that can affect work performance and behavior, sometimes leading to disciplinary actions and unfavorable discharges.

Discharge Upgrade Options

Veterans seeking to upgrade their discharge have several potential avenues:

DoD Discharge Review Board. Each branch of service has a Discharge Review Board that can upgrade discharges based on issues of equity or propriety. Applications must typically be filed within 15 years of discharge.

Board for Correction of Military Records. For discharges more than 15 years old, veterans can apply to the Board for Correction of Military Records for their respective branch.

VA Benefits Appeals. In some cases, even with an other-than-honorable discharge, veterans may be eligible for VA benefits if they can demonstrate that their condition is service-connected. The VA has discretion to grant benefits on an equitable basis in certain circumstances.

Key Takeaways

  • Other-than-honorable discharges can block access to VA benefits and civilian employment
  • Service-related conditions like PTSD, TBI, and military sexual trauma may have contributed to the discharge
  • Discharge Review Boards and Boards for Correction of Military Records can upgrade discharges
  • Veterans in New Jersey should consult an attorney experienced in military law to explore their options
  • The code on your DD-214 is not necessarily permanent -- relief may be available

Reviewed by Britt J. Simon, Esq., Managing Partner, Simon Law Group, LLC, May 2026


The content on this website is for general informational purposes only and is not intended as legal advice. Every case is different. You should consult with a qualified attorney before making any legal decisions. Contacting us through this website does not create an attorney-client relationship. Prior results do not guarantee a similar outcome.

Reviewed by

Britt J. Simon, Esq.

Managing Partner

Simon Law Group, LLC

Reviewed May 25, 2026

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