It can be difficult, but, yes, it is possible that upgrading your discharge status can restore your firearm rights.
Federal law prohibits anybody who “has been discharged from the Armed Forces under dishonorable conditions” from possessing firearms or ammunition. See 18 U.S.C. § 922(g)(6). Note that the language in the statute does NOT mention those who were “dishonorably discharged” – rather the statute restricts firearm rights for those who were discharged “under dishonorable conditions.” Thus, even if you are successful in upgrading your discharge status from “dishonorable” to something like “other than honorable,” that will not necessarily restore your firearm rights if “dishonorable conditions” still apply.
The key to restoring your firearms rights is to obtain a satisfactory change to the “narrative reason for separation” listed in your service records. Examples of narrative reasons include: “disability,” “personality disorder,” “homosexual conduct” and others. So, the new narrative reason must be one that removes your discharge from being considered as having occurred under “dishonorable conditions.”
Depending on the circumstances of your discharge, there may be reasons to expect a good result. This is particularly true if military policies have changed or new information has come to light that is relevant to your case. For example, policies have changed over the last decade with respect to the existence of sexual assault/harassment, traumatic brain injuries and PTSD syndromes as the basis for mitigating factors, excuss and/or as justifications for using a more “forgiving” standard in evaluating your discharge conditions.
What is the process of seeking a discharge upgrade?
In very simple terms, you must apply for a discharge upgrade with the correct review board. This will depend on your date of discharge and in which branch you served. For example, the Air Force and Army have their own specific review boards while the Navy and Marine Corps have a combined (or joint) review board. In simple terms, to succeed with a discharge upgrade, a veteran must show that the original discharge was either unfair or resulted from a legal error. Proof that military policies have changed or that new information has come to light can be the basis for either argument.
The written application for a discharge upgrade must include all the required evidence – like your complete official military personnel file – as well as other evidence that you think will help convince the review board to issue a positive result. Examples of the latter include:
- An explanation of why you want the upgrade and why it should be granted
- Records showing the unfairness or error of your original discharge
- Additional records related to any in-service events – such as a sexual assault – that is relevant
- Medical records (if relevant)
- Records showing a “clean” post-service criminal record
- “Buddy statements” and other statements from friends, family, spiritual advisers and employers that show you have been living an honorable life as a civilian
- Records of post-service awards, schooling, licensures, achievements, etc.
- And more
Find A Firearm Rights Attorney Today
If a dishonorable discharge, a conviction or something else in your past is inhibiting your ability to own and carry a firearm, you may benefit from the help of an experienced firearm rights-focused attorney. FirearmRights.net can help you find attorneys in your area that can provide advice and legal counsel. This website has been developed by firearm rights attorneys with extensive experience in protecting firearm rights. Our goal is to support the firearm community by restoring the rights of people who deserve them.
Click on the “Restore Your Rights” tab to be connected with a dedicated attorney in your area who can review the facts of your case and start the journey to reclaiming your second amendment rights.