Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance.
You need to file a DD Form 293 with the discharge upgrade board. I'm going to warn you though, this is very difficult to do. You have to establish that your discharge was given either in error or that it was an injustice at the time that it was given.
On your facts, an OTH is a legally permitted discharge, so it's not an error. Your argument then has to be that this was an injustice. You have certainly stated facts which help to explain the misconduct, which should have been taken into consideration at the time of your separation. Furthermore, you have the disparate (differing) treatment that you have mentioned, granted to others in the unit. Even still, the chances of having the upgrade are very low. This has nothing to do with you personally, and everything to do with the burden that you have to meet to get it upgraded. They intend for these designations to be permanent. You would have been entitled to a board hearing, and if you presented the same evidence at that hearing and it went unheeded, that could be helpful to your claim. Of course, the board could also say that your facts had already been considered and rejected. It all depends on the people that are sitting on the board and what they find compelling.
If you have any further questions, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a top-three rating so that I receive credit for working with you today. Also, feel free to request me in the future, if you have questions concerning a different matter