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California included $2 million in its 2026–27 budget to expand free legal services for Veterans pursuing military discharge upgrades. According to Gov. Gavin Newsom’s office, Veterans who were discharged due to trauma, injury, mental health issues, discrimination, or similar service-related situations may be eligible for free legal assistance.
A Veteran’s character of discharge is listed on the DD Form 214 provided at the end of military service. A less-than-honorable discharge may limit access to certain benefits, job opportunities, and programs that require honorable service. Veterans who believe their discharge was unjust, incorrect, or failed to consider the circumstances surrounding their separation may ask the appropriate military department to review the decision.
Military departments operate Discharge Review Boards and Boards for Correction of Military or Naval Records. Which board and application a Veteran should use depends on the date of discharge and the type of correction being requested. Veterans generally must submit an explanation and supporting evidence, which may include military or medical records, personal statements, and documentation showing that a health condition or discriminatory policy contributed to the discharge.
California established the Veteran’s Military Discharge Upgrade Grant Program in 2022 through Assembly Bill 325. The program funds qualified legal service providers that educate Veterans about the review process and help prepare applications. It was partly created to assist Veterans harmed by discriminatory policies such as “Don’t Ask, Don’t Tell,” but assistance is not limited to those cases. The additional funding will help more Veterans access guidance throughout the discharge review process.
Veterans may need to determine which review body handles their case, gather military and medical records, and explain why the circumstances of their separation support a correction. Legal counsel can help organize the evidence and present the case more effectively. When reviewing an application, military boards are expected to consider whether post-traumatic stress disorder, traumatic brain injury, military sexual trauma, or another behavioral health condition contributed to the Veteran’s discharge.
Veterans do not necessarily have to wait for a discharge upgrade before asking VA about benefits. VA may conduct a Character of Discharge review to determine whether someone with an other-than-honorable or another less-than-honorable discharge qualifies for certain benefits. Eligibility depends on the benefit and the circumstances of the discharge.
A VA decision does not change the Veteran’s DD Form 214. Only the appropriate military review board can formally upgrade a discharge or correct a military record.
CalVet lists discharge upgrade assistance among its pro bono legal initiatives. Veterans can check the CalVet Legal Assistance page for current resources and updates on how the expanded services will be provided.
Veterans Service Officers can also help Veterans review potential VA benefit eligibility and connect them with appropriate resources. VA’s online discharge upgrade tool also provides instructions based on the Veteran’s military department, discharge date, and requested correction.
Veterans should be cautious of businesses that guarantee an upgrade or demand large advance payments. Although approval is not guaranteed, the expanded funding could make professional help available to more California Veterans.
Author: Rikki Almanza
Rikki is a Web Content Coordinator for the American Legion, Department of California. With a deep-rooted family connection to the military, Rikki is committed to using her skills and knowledge to provide valuable assistance and resources to servicemembers and veterans.
