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Allen M., Esq.
Allen M., Esq., Lawyer
Category: Military Law
Satisfied Customers: 18814
Experience:  Lawyer and current JAG officer.
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I am filling out Form DD-293 for a review of discharge. I do

Customer Question

Hello. I am filling out Form DD-293 for a review of discharge. I do not know, exactly, what to submit in block 6) WHY AN UPGRADE OR CHANGE IS REQUESTED AND JUSTIFICATION FOR THE REQUEST.
JA: Because laws vary from state to state, could you tell me what state is this in?
Customer: Louisiana
JA: Have you talked to a lawyer yet?
Customer: No
JA: Anything else you think the lawyer should know?
Customer: My discharge was an OTH for the good of the service. In lieu of court martial
JA: Since laws vary from place to place, what state is this in?
Customer: Louisiana\
Submitted: 3 months ago.
Category: Military Law
Expert:  Allen M., Esq. replied 3 months ago.

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.

The standard for an upgrade of a discharge is that you have to show that the original discharge status was either an error or an injustice. An OTH is legally the separation status that is available with a separation in lieu of court martial, so you can't allege an error.

You have to work within the argument that this was an injustice. So, that is what you put in that spot on the form. You have to explain why it was an injustice for you to receive the OTH, even though you voluntarily agreed to take the OTH in exchange for not having to go to court martial. Did you feel the facts were not being considered or that you'd be railroaded before a court martial? What evidence do you have of that?

This is why upgrading a discharge is so difficult. They are not meant to be upgraded based on positive life changes or the passage of time. Instead, they are only meant to be changed if the status wasn't appropriate in the first instance.

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. Please rate me based on my service and not on your satisfaction with the law, which I am not in control of and I am just reporting to you. Also, feel free to request me in the future, if you have questions concerning a different matter.

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