Document Type
Poster
Date
4-9-2026
Keywords
Veterans, VA, Character of discharge, Discharge upgrade, Presumption of regularity
Campus Community
College of Law
Language
English
Disciplines
Military and Veterans Studies | Public Affairs, Public Policy and Public Administration | Social and Behavioral Sciences
Description/Abstract
This article examines how veterans with less-than-honorable discharges must navigate two separate systems--the VA's Character of Discharge (COD) process and the Department of War's discharge upgrade system--despite both addressing similar underlying issues. These systems apply different legal standards and priorities, leading to inconsistent outcomes, delays, and duplicative proceedings. The lack of coordination between the agencies creates an administrative burden that can prevent eligible veterans from accessing benefits and health care. The article argues that recent expansions in VA COD regulations have made the systems functionally similar, but without shared legal effect between their decisions. To address this, it proposes a reform establishing a VA COD determination under a "substantial credible evidence": standard that would create a rebuttable presumption in favor of discharge upgrade, improving fairness and efficiency.
Recommended Citation
Filbert, Brent; Kubala, Elizabeth; and Owens, Seth M., ""Out of Step": How Executive Department Must March Together in Recognizing "Honorable" Service" (2026). Voices of Service Symposium. 25.
https://surface.syr.edu/vos/25
Creative Commons License
This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License
