Multiple Discharge Upgrade Attempts
Have you already attempted to upgrade your military discharge without success? Many people give up at this point. But they shouldn’t. If you requested the upgrade without the help of an experienced military discharge upgrade lawyer, then maybe you just filled out the DD 149 or DD 293 and thought that would be enough. More often than not, that is not enough. A signed application is the bare minimum. There is a “presumption of government regularity” that must be overcome. That means, the burden is on YOU to show the board why your characterization of service (or other error in your record) is unjust. Even if there were 100 errors in your separation proceedings, the board will not consider those unless you present them. I have read through hundreds of discharge upgrade board opinions and one of the most common phrases is: “Based on the available record, the discharge was consistent with the procedural and substantive requirements of the regulation, was within the discretion of the separation authority and the applicant was provided full administrative due process.”
Bottom line – a completed DD form is not enough to get the results you desire. You have an uphill battle, but one that is worth fighting for so many reasons. For further reading check out our Discharges and the VA blog. You need to present a compelling case as to why your discharge was not equitable, not legal proper, and/or unjust. Even if you have already tried once and been denied, that is not the end of the road. There are ways to request reconsideration, ways to appeal to higher authorities, and even ways under certain circumstances for your case to be considered a new request. Without a doubt, it is worth your time to have an experienced military discharge upgrade lawyer evaluate your case free of charge. This call could translate thousands of dollars of financial benefit, a successful career, and an unblemished military service record.
Contact us using the form below or call us at (808)358-7318 to speak with an experienced discharge upgrade attorney about your case.