Military Discharge: Actions Needed to Help Ensure Consistent and Timely Upgrade Decisions
GAO-25-107354
Published: Jul 24, 2025. Publicly Released: Jul 24, 2025.
Fast Facts
Without an honorable discharge, military veterans may have trouble getting jobs and accessing valuable educational and medical benefits. If veterans believe there was an error or injustice in the process, they can apply to have a DOD board consider whether to upgrade their discharge.
The boards have guidance on how to consider cases in which a veteran may have a mental health condition or experienced sexual harassment or assault that led to their discharge. However, boards have inconsistently applied this guidance. They’ve also inconsistently explained their decisions to veterans.
Our recommendations address these issues and more.
Highlights
What GAO Found
Service members separated from the military without an honorable discharge can apply to a post-separation review board for a possible discharge upgrade due to a potential error or injustice in the process. In 2014 and 2017, the Department of Defense (DOD) directed these boards to give “liberal consideration” to applications from veterans with a qualifying mental health condition, such as post-traumatic stress disorder or an experience of sexual harassment or sexual assault connected to their service. DODs' post-separation review boards have implemented liberal consideration and, from January 2018 through March 2024, applied it to more than 21,000 discharge upgrade cases. The rates of discharge upgrades granted ranged from 18 to 49 percent among the boards.
Liberal Consideration Cases Closed by Department of Defense Boards, January 2018–March 2024
|
|
Army boards |
Navy boards |
Air Force boards |
Total |
|---|---|---|---|---|
|
Total closed |
10,237 |
9,941 |
1,639 |
21,817 |
Source: GAO analysis of post-separation review board data. I GAO-25-107354
However, in reviewing the boards' adjudication of these cases, GAO identified the following challenges:
- Use of guidance. Boards inconsistently applied key liberal consideration guidance related to the use of (1) Department of Veterans Affairs documentation connecting a veteran's mental health condition to their military service; and (2) applicant testimony about an experience of sexual harassment or sexual assault during military service. An evaluation and periodic monitoring of how each board applies liberal consideration guidance could help ensure consistent treatment among veterans.
- Adjudication time frames. Some boards are required to adjudicate discharge upgrade cases within a specified time frame, while other boards are not. Required time frames for all boards will help ensure work is organized to efficiently achieve objectives and provide applicants—who may have critical financial and health challenges—a more predictable timeline for an already lengthy adjudication process.
- Communicating decisions. Boards inconsistently explained in their decisional documents how they applied key liberal consideration guidance in discharge upgrade cases. Requiring that boards communicate a comparable level of information about how they used this guidance will provide applicants with a more precise understanding of how the board reached its decision of whether to grant an upgrade.
- Availability of case information. DOD is generally required to post documentation of discharge upgrade decisions on its online reading room. However, GAO found that about 43 percent of documents on liberal consideration cases closed from January 2018 through March 2024 that should have been posted are missing from the reading room and posted documents are not organized in a user-friendly manner. A process that ensures all documents are posted and effectively organized will enable the reading room to serve its intended purpose.
Why GAO Did This Study
Service members separated from the military without an honorable discharge have limited access to veterans' benefits, including medical and educational benefits. They may also find it difficult to obtain employment. Some veterans may believe they suffered an error or injustice in the discharge process. These veterans may apply to have DOD—through its post-separation review boards—consider whether their discharge characterization should be upgraded.
Senate Report 118-58 includes a provision for GAO to review DOD's implementation of liberal consideration of veterans' discharge upgrade applications. This report assesses DOD's (1) application of key guidance; (2) timeliness in adjudicating cases; (3) communication of quality information; and (4) tracking and reporting of cases.
GAO analyzed data for cases closed from January 2018 through March 2024—the most recent available data; conducted a generalizable sample of board decisions; reviewed guidance and other documentation; and interviewed DOD officials.
Recommendations
GAO is making nine recommendations, including that DOD assess application of key guidance, require communication of current estimates for adjudication time frames, and ensure the online reading room is user-friendly. DOD concurred with three recommendations, partially concurred with one, and did not concur with five, including those on communicating current estimates to applicants. GAO continues to believe that these recommendations are warranted, as discussed in the report.
Recommendations for Executive Action
| Agency Affected | Recommendation | Status |
|---|---|---|
| Department of Defense | The Secretary of Defense should ensure that the Under Secretary of Defense for Personnel and Readiness, in coordination with the military departments, collaboratively evaluates the post-separation review boards' application of liberal consideration guidance to identify whether any changes are needed to ensure fair and consistent adjudication of discharge upgrade cases. The evaluation should consider whether a board comprising representatives from each military department to jointly adjudicate discharge upgrade cases could promote a more uniform application of liberal consideration guidance. (Recommendation 1) |
DOD partially concurred with this recommendation. In January 2026, Office of the Secretary of Defense for Personnel and Readiness officials stated that they will coordinate with the military departments to evaluate the post-separation review boards' application of liberal consideration guidance and identify whether changes are needed to ensure fair and consistent adjudication of discharge upgrade cases. To do so, these officials told us that they will (1) convene representatives from the military departments to discuss methods for evaluating the post-separation review boards' application of liberal consideration guidance; (2) coordinate with the military departments to establish procedures for evaluating the post-separation review boards' application of liberal consideration guidance; (3) coordinate with the military departments to evaluate the post-separation review boards' application of liberal consideration guidance and internally identify whether changes are needed; (4) review reports provided by the Discharge Appeal Review Board following its review of appealed cases; and (5) identify whether changes are needed and propose additional policy as needed. The department plans to complete this effort by December 2028. These officials also stated that it is premature to consider a joint service review board because they believe doing so is inconsistent with the Secretaries of the military departments' statutory authority to correct military records. However, we continue to believe that consideration of a joint board to adjudicate discharge upgrade cases has merit. We will continue to monitor DOD's efforts and update the recommendation status as more information becomes available.
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| Department of Defense | The Secretary of Defense should ensure that the Under Secretary of Defense for Personnel and Readiness develops a process to periodically monitor the military departments' post-separation review boards' review of discharge upgrade cases involving liberal consideration to help ensure that they are adjudicated in a fair and consistent manner regardless of the military department in which the applicant served. (Recommendation 2) |
DOD concurred with this recommendation. In January 2026, Office of the Under Secretary of Defense for Personnel and Readiness officials stated that they will establish a mechanism to periodically review the military departments' processes for applying liberal consideration to appropriate claims. Specifically, these officials told us that they will (1) convene military department points of contact to discuss potential oversight approaches and mechanisms; (2) review proposed oversight approaches and mechanisms; (3) propose and informally coordinate draft oversight policies; and (4) coordinate and implement new review policy. The department plans to complete this effort by December 2027.
|
| Department of Defense | The Secretary of Defense should ensure that the Under Secretary of Defense for Personnel and Readiness, in coordination with the military departments, develops required time frames for Discharge Review Boards and the Discharge Appeal Review Board to adjudicate discharge upgrade cases involving liberal consideration. (Recommendation 3) |
DOD did not concur with this recommendation. In January 2026, Office of the Under Secretary of Defense for Personnel and Readiness officials stated that litigation requirements and congressionally mandated reviews and associated processes have significantly tasked DOD's post-separation review boards. Further, these officials told us that the military departments require flexibility to allocate resources appropriately and ensure the most efficient overall processing of all the matters subject to their review. Additionally, according to these officials, this approach aligns with Congress' decades-long establishment of statutory time frames for the Boards for Correction of Military or Naval Records but not for the Discharge Review Boards or the Discharge Appeal Review Board. Finally, this approach is also reflected by the fact that the Senate did not request that GAO consider time frames as part of its analysis. We understand that various factors, such as litigation requirements, and congressionally mandated reviews may impact boards' adjudication timelines. Additionally, we acknowledge in the report that challenges posed by recent decreases in staff and an increasingly complex caseload may complicate boards' ability to adjudicate cases within a specific time frame. However, we continue to believe that the recommendation is valid because having the Under Secretary of Defense for Personnel and Readiness coordinate with the military departments to develop required time frames would allow for flexibility in accommodating any complicating factors, while also providing a framework for planning, prioritizing work, and creating more predictable time frames for applicants.
|
| Department of the Army | The Secretary of the Army should ensure that the Army Discharge Review Board and Army Board for Correction of Military Records establish and implement a process to regularly calculate and update estimated adjudication time frames for discharge upgrade cases involving liberal consideration, including the date of the most recent update, on their websites and in correspondence with applicants. (Recommendation 4) |
DOD did not concur with this recommendation. In January 2026, Office of the Under Secretary of Defense for Personnel and Readiness officials stated that (1) all applicants should be provided with similar transparency throughout the review board adjudication process; (2) the information posted by the post-separation review boards is based upon historic averages, reflecting the difficulty in predicting how long any particular case may take to adjudicate; and (3) complex cases requiring outside advisory opinions or review of medical records may require much more time to evaluate than clerical changes based upon clear errors. Therefore, according to these officials, regularly re-calculating time frames just for liberal consideration cases would not provide value to applicants commensurate to focusing board staff on adjudicating cases. However, as we noted in the report, Army officials said they were unsure how the Army Discharge Review Board's estimated time frame was determined. Also, the Army Board for Correction of Military Records does not provide an estimate that is based on historical averages. Rather, this board tells applicants that cases will be adjudicated within 18 months, which is required by law. Further, we outlined the methods we used to calculate adjudication time frames in our objectives, scope, and methodology, which the military departments could easily replicate, thereby reducing the time required for this task. As a result, we continue to believe that the recommendation is valid because implementation will help to ensure that applicants have a timely and accurate understanding of how long it may take for their cases to be adjudicated.
|
| Department of the Navy | The Secretary of the Navy should ensure that the Naval Discharge Review Board and Board for Correction of Naval Records establish and implement a process to regularly calculate and update estimated adjudication time frames for discharge upgrade cases involving liberal consideration, including the date of the most recent update, on their websites and in correspondence with applicants. (Recommendation 5) |
DOD did not concur with this recommendation. In January 2026, Office of the Under Secretary of Defense for Personnel and Readiness officials stated that (1) all applicants should be provided with similar transparency throughout the review board adjudication process; (2) the information posted by the post-separation review boards is based upon historic averages, reflecting the difficulty in predicting how long any particular case may take to adjudicate; and (3) complex cases requiring outside advisory opinions or review of medical records may require much more time to evaluate than clerical changes based upon clear errors. Therefore, according to these officials, regularly re-calculating time frames just for liberal consideration cases would not provide value to applicants commensurate to focusing board staff on adjudicating cases. However, as we noted in the report, while Navy officials said that their Discharge Review Board's estimated adjudication time frames are calculated based on the number of cases received and closed each year, along with the time to adjudicate them, the estimate posted on their website in January 2025 was reportedly the first update since June 2023. Further, we outlined the methods we used to calculate adjudication time frames in our objectives, scope, and methodology, which the military departments could easily replicate, thereby reducing the time required for this task. As a result, we continue to believe that the recommendation is valid because implementation will help to ensure that applicants have a timely and accurate understanding of how long it may take for their cases to be adjudicated.
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| Department of the Air Force | The Secretary of the Air Force should ensure that the Air Force Discharge Review Board and Air Force Board for Correction of Military Records establish and implement a process to regularly calculate and update estimated adjudication time frame for discharge upgrade cases involving liberal consideration, including the date of the most recent update, on their website and in correspondence with applicants. (Recommendation 6) |
DOD did not concur with this recommendation. In January 2026, Office of the Under Secretary of Defense for Personnel and Readiness officials stated that (1) all applicants should be provided with similar transparency throughout the review board adjudication process; (2) the information posted by the post-separation review boards is based upon historic averages, reflecting the difficulty in predicting how long any particular case may take to adjudicate; and (3) complex cases requiring outside advisory opinions or review of medical records may require much more time to evaluate than clerical changes based upon clear errors. Therefore, according to these officials, regularly re-calculating time frames just for liberal consideration cases would not provide value to applicants commensurate to focusing board staff on adjudicating cases. However, as we noted in the report, the Air Force is already taking steps to recalculate and update estimated adjudication time frames on a quarterly basis on their website. Further, we outlined the methods we used to calculate adjudication time frames in our objectives, scope, and methodology, which the military departments could easily replicate, thereby reducing the time required for this task. As a result, we continue to believe that the recommendation is valid because implementation will help to ensure that applicants have a timely and accurate understanding of how long it may take for their cases to be adjudicated.
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| Department of Defense | The Secretary of Defense should ensure that the Under Secretary of Defense for Personnel and Readiness updates liberal consideration guidance to include explicit answers to the Kurta memorandum's four questions as a required element in the military departments' post-separation review boards' decisional documents. (Recommendation 7) |
DOD did not concur with this recommendation. In January 2026, Office of the Under Secretary of Defense for Personnel and Readiness officials told us that the governing memorandum for liberal consideration, the Kurta memorandum, states that "requests for discharge relief typically involve four questions." These officials also stated that the Kurta memorandum's four questions are not, and were never intended to be, a required element of liberal consideration, and they do not logically apply in every case that qualifies for liberal consideration. We acknowledge that DOD guidance does not explicitly require boards to address the Kurta memorandum's questions in their decisional documents, and there may be instances where these questions do not apply. However, these questions are key as they serve as the analytical framework for how the military departments apply liberal consideration. According to the Kurta memorandum, these questions are designed to produce "...greater uniformity amongst the review boards..." and to "...ensure fair and consistent standards of review...". Additionally, as noted in the report, Office of the Under Secretary of Defense for Personnel and Readiness officials acknowledged that inconsistencies in the level of detail in decisional documents has been an issue and indicated they are exploring ways to enhance consistency in these documents, such as requiring responses to the Kurta memorandum's four questions. Therefore, we continue to believe that the recommendation is valid because it will help to improve transparency and consistency in board decisions and provide applicants with a more precise understanding of how the board reached its decision of whether to grant an upgrade.
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| Department of the Air Force | The Secretary of the Air Force should ensure that the Air Force Review Boards Agency, in coordination with the military departments' post-separation review boards, develops and implements a process that ensures all decisional documents are posted in the reading room. (Recommendation 8) |
DOD concurred with this recommendation. In January 2026, Office of the Secretary of Defense for Personnel and Readiness officials stated that Section 523 of the National Defense Authorization Act for Fiscal Year 2025 requires that each final decision of a Board for Correction of Military or Naval Records be made available to the public on a centralized website, including a summary of each decision, indexed by subject matter. These officials also stated that improved search functions will facilitate easy identification of cases by keyword or category and that the Air Force Review Boards Agency is the lead proponent for implementing this DOD-wide requirement. To do so, these officials told us that Air Force Review Boards Agency officials will (1) hire two full-time employees responsible for the DOD Electronic Reading Room; (2) procure a "software as a service" solution, which was completed in October 2025; (3) coordinate complete transfer of primary responsibility from the Legal Information Services Directorate to the Air Force Review Boards Agency; and (4) develop and implement the DOD Electronic Reading Room website. The department plans to complete this effort by September 2026.
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| Department of the Air Force | The Secretary of the Air Force should ensure that the Air Force Review Boards Agency, in coordination with the military departments' post-separation review boards, develops and implements a process that ensures decisional documents on the reading room are organized so that users of the information can identify specific types of cases and that enhances the reading room's keyword search function. (Recommendation 9) |
DOD concurred with this recommendation. In January 2026, Office of the Secretary of Defense for Personnel and Readiness officials stated that Section 523 of the National Defense Authorization Act for Fiscal Year 2025 requires that each final decision of a Board for Correction of Military or Naval Records be made available to the public on a centralized website, including a summary of each decision, indexed by subject matter. These officials also stated that improved search functions will facilitate easy identification of cases by keyword or category and that the Air Force Review Boards Agency is the lead proponent for implementing this DOD-wide requirement. To do so, these officials told us that Air Force Review Boards Agency officials will (1) hire two full-time employees responsible for the DOD Electronic Reading Room; (2) procure a "software as a service" solution, which was completed in October 2025; (3) coordinate complete transfer of primary responsibility from the Legal Information Services Directorate to the Air Force Review Boards Agency; (4) develop and implement the DOD Electronic Reading Room website; and (5) develop metadata and create case summary criteria that is searchable within DOD's Electronic Reading Room. The department plans to complete this effort by September 2026.
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Educational benefitsHealth careMental healthSexual harassmentVeteransVeterans affairsVeterans benefitsMilitary dischargesMilitary forcesPost-traumatic stress disorders