UPGRADE YOUR DISCHARGE STATUS (Full Explanation and Access Link)

 

GOOD NEWS!!

The Discharge Review Boards are slowly starting to approve discharge upgrade requests for those of us Involuntary Veterans that got forcibly removed for denied religious exemptions! Follow the steps on Instagram and email us with any questions! (involuntaryveterans@gmail.com)


ACCESS LINK Form DD293: https://bit.ly/dd293

And, here is the full document outlining the specifics on what our recommendations are based on prior successful upgrades!                                  

PURPOSE:  To request a specific change in the reason for discharge and character of discharge (i.e. from Other than Honorable to Honorable) and amend re-enlistment code.

GENERAL INFO: 

The Discharge Review Boards are not an investigative body, so you have the burden to prove why you should receive a change to a discharge characterization, narrative reason, and/or re-enlistment code as it pertains to propriety, equity and/or clemency. Submit copies of any relevant documents in your possession—you should not assume these are all in your military record on file. Do not submit irreplaceable original documents as they will not be returned.

Request any military service records in advance of submitting DD293, as once the application 

for discharge review (DD Form 293) is submitted, an applicant's military records are 

forwarded to the DRB where they cannot be reproduced.


FORM DD293: https://www.esd.whs.mil/Portals/54/Documents/DD/forms/dd/dd0293.pdf

Download and save to your computer.  Do not complete in the browser. 

REFERENCES: 

  1. DoDI 1332.28
  2. Under Secretary of Defense Memorandum, 25 July 2018, subject: Guidance to Military Discharge Review Boards and Boards for Correction of Military/Naval Records Regarding Equity, Injustice, or Clemency Determinations: https://afrba-portal.cce.af.mil/app/assets/2018-Wilkie-Memo-25-Jul-2018-DRB-Guidance.pdf
  3. 10 Jan 2023: Secretary of Defense Memo on Rescission of Coronavirus Disease 2019 Vaccination Requirements for Members of the Armed Forces


APPLICATION: Use Form DD293.  Follow Service Specific Directions, available at the below websites. 

Air Force Discharge Review Board Instructions: 

https://afrbaportal.azurewebsites.us/#application-submission-drb

Navy & Marine Corps Discharge Review Board Instructions:

https://www.secnav.navy.mil/mra/CORB/Pages/NDRB/default.aspx

Army Discharge Review Board Instructions: 

https://arba.army.pentagon.mil/adrb-overview.html

USCG Discharge Review Board Instructions: 

https://www.uscg.mil/Resources/legal/DRB/

STANDARD OF REVIEW: The DRB reviews discharges on the basis of issues of propriety and equity.

E4.2. PROPRIETY

E4.2.1. A discharge shall be deemed proper unless, in the course of discharge review, it is determined that: 

E4.2.1.1. An error of fact, law, procedure, or discretion exists associated with the discharge at the time of issuance; and that the rights of the applicant were prejudiced thereby (such error shall constitute prejudicial error if there is substantial doubt that the discharge would have remained the same if the error had not been made); or 

E4.2.1.2. A change in policy by the Military Service of which the applicant was a member, made expressly retroactive to the type of discharge under consideration, requires a change in the discharge.

E4.3. EQUITY

A discharge shall be deemed to be equitable unless: 

E4.3.1. In a discharge review, it is determined that the policies and procedures under which the applicant was discharged differ in material respects from those currently applicable on a Service-wide basis to discharges of the type under consideration provided that: 

E4.3.1.1. Current policies or procedures represent a substantial enhancement of the rights afforded a respondent in such proceedings; and 

E4.3.1.2. There is substantial doubt that the applicant would have received the same discharge if relevant current policies and procedures had been available to the applicant at the time of the discharge proceedings under consideration.

E4.3.2. At the time of issuance, the discharge was inconsistent with standards of discipline in the Military Service of which the applicant was a member. 

E4.3.3. In the course of a discharge review, it is determined that relief is warranted based upon consideration of the applicant's service record and other evidence presented to the DRB viewed in conjunction with the factors listed in this paragraph and the regulations under which the applicant was discharged, even though the discharge was determined to have been otherwise equitable and proper at the time of issuance.

Reading Room to Read Other Discharge Review Board Decisions About the Mandate – You can cite to other DRB decisions in support of your own: 

Air Force: 

Army: No decisions available as of March 4, 2024.  Reading room last updated 3/1/2023. Only 1 published about breaking quarantine and going UA regarding the lockdown measures. 

USCG (https://boards.law.af.mil/CG_DRB.htm) : No decisions available as of March 4, 2024. Reading room last updated 5/9/2023 for a 2020 case. 


SELECTING TYPE OF REVIEW REQUESTED FOR BOX #17.    Recommend selecting “initial record review”, and not a personal appearance.  If you select to appear at your own expense before the board, than you are not eligible for reconsideration.  Per DoDI Encl 3, E3.2.8. Reconsideration. A discharge review shall not be subject to reconsideration except: E3.2.8.2. When the original discharge review did not involve a hearing and a hearing is now desired, and the provisions of paragraph E3.2.6. of this enclosure do not apply.  


WRITING YOUR NARRATIVE FOR BOX #20 on DD293:

Write “See attached explanation” in Box #20. Then on a separate Word Document (provide full name and last four of SSN in the Header), provide words to the effect of: 

In accordance with DOD Instruction 1332.28, I am requesting an upgrade to the reason for my discharge, character of discharge, and re-enlistment code on the basis of propriety and equity. Namely, that it was unfair and inequitable for the Dept of the [ENTER Service Branch]  to discharge me with a General Characterization and issue me a separation code of “Commission of a Serious Offense”  and Re-enlistment Code of ______ in lieu of accommodating my religious accommodation request.

It is very clear that the vaccine mandate did not affect the readiness of the force and violated the tenet that religious liberty is a foundational principle of enduring importance in America, enshrined in our Constitution and other sources of Federal law.  Service members have the right to observe the tenets of their religion, or to observe no religion at all, as provided in applicable Federal law and Departmental policy, as set forth in DoDI 1300.17, Religious Liberty in the Military Services and the Religious Freedom Restoration Act.  

Given the status of all the vaccine mandate litigation, it is also clear that the DoD and [Service] were unable to articulate a compelling government reason to mandate vaccines and deny religious accommodations, yet at the same time granting medical waivers.  My application is both proper and equitable given Secretary of Defense Austin’s 10 January 2023 Memorandum titled: “Rescission of August 24, 2021 and November 30, 2021 Coronavirus Disease 2019 Vaccination Requirements for Members of the Armed Forces” wherein he stated “no individuals currently serving in the Armed Forces shall by separated solely on the basis of their refusal to receive the COVID-19 vaccination if they sought an accommodation on religious, administrative, or medical grounds.  The Military Departments will update the records of such individuals to remove any adverse actions solely associated with denials of such requests ….”  Because the vaccine mandate was formally rescinded by the DoD on 10 January 2023, after the denial of the my religious accommodation request and after my forced separation, I ask the board to consider paragraph 6f of the 2018 Under Secretary of Defense Wilkie memo, wherein he states that Discharge Review Boards “shall consider changes in policy, whereby a Service member under the same circumstances today would reasonably be expected to receive a more favorable outcome than the applicant received,” and that it may be grounds for relief.  

Prior to my forced separation from the service, I had X years of successful service

and desired to keep serving. I was held in high esteem by both peers, subordinates, and my chain of command. While it is clear that the separation authority followed the policies in existence at the time, it is also clear that discretion was removed from commanders and despite my stellar reputation, strong work ethic, and commitment to the [Service], my commander was left with no choice but to separate me. The same cannot be said of misconduct cases, drug offenses, and other moral and ethical deficiencies, where a commander maintains discretion over whether to separate a service member or provide them with a second chance. I think given the now known ineffectiveness of the vaccines, it is clear that my request for a religious accommodation was much less a threat to the safety of the force than those who commit misconduct.  

In support of my petition, I also think it noteworthy that all Services are notifying former members that they may not only request correction of their military records to reflect an honorable, voluntary separation from service, but are also encouraging separated members to contact their local recruiters if they wish to continue their service. Furthermore, those Service members who had denied religious accommodation requests, but were protected by court-ordered injunctions are being allowed to continue military service. Thus, but for the fact that my separation was one of the first to occur, had I still been in the administrative separation process, my case would have been terminated, and I would have been allowed to remain serving in the  [Service].  As evidenced by my service record and the records I am submitting with my application (see exhibits 1 – X], in order to correct a clear injustice, and due to fundamental fairness, there is more than a preponderance of evidence that my discharge with a General characterization and code of commission of a serious offense was inequitable and improper and is deserving of relief.  Other than adverse records related to the vaccine mandate, there are no other negative aspects of performance or conduct in my record. Lastly, I note that Services are currently in the process of upgrading the discharges of similarly situated Service Members, and in accordance with the 2018 Under Secretary of Defense Wilkie memo, similarly situated Service members should not receive disparate punishments. For similarly situated cases, see the following cases:

https://boards.law.af.mil/AF/DRB/CY2023/FD-2023-00590%20FD202300590.pdf

https://boards.law.af.mil/AF/DRB/CY2023/FD-2023-00609%20FD202300609.pdf

https://boards.law.af.mil/AF/DRB/CY2023/FD-2023-00094%20FD202300094.rtf

 https://boards.law.af.mil/NAVY/DRB/2023_Navy/ND23-6206.rtf


Absent a correction to my military record, I will forever have a stigma that I committed a serious offense and be denied the ability to seek federal employment, as well as avail myself of benefits from the Veterans Administration that I was otherwise deserving of. I am deeply appreciative of your time and review of my case. If there are any areas you find lacking or questions that remain unanswered, I welcome the opportunity to speak with the board and address your concerns prior to you making a decision. 


Respectfully, 

                                                                FULL NAME


DOCUMENTS TO ATTACH WITH YOUR APPLICATION (DD293) for BOX 21: 

  • DD214
  • Request for Religious Accommodation & Appeal, if applicable.
  • Service history (period of enlistment, highest rank achieved, good conduct medals)
  • Awards, letters of appreciation or commendation
  • Favorable performance appraisals
  • Record of promotion
  • Training achievements; meritorious service; Jobs/Evolutions where you were put in a position of trust/confidence. 
  • Letters of support or letters describing the nature of your service prior to discharge from supervisors and chain of command
  • Any records that speak to your character or reputation


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