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.
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