The Mayer Law Blog

Common Mistakes Made by Applicants to the Discharge Review Boards

Posted July 27th, 2025 in General

Applying for a military discharge upgrade is an important step for many veterans seeking to correct an unfair or unjust discharge characterization. However, the process is complex, governed by detailed regulations under military law, and many applicants unintentionally sabotage their chances by making common—but avoidable—mistakes. Understanding these pitfalls is essential if you’re applying on your own or evaluating whether to hire a discharge upgrade lawyer.

1. Failing to Provide Evidence Beyond the DD Form 293

The discharge review boards (DRBs) do not reconsider your case automatically based on your discharge paperwork alone. One of the biggest mistakes applicants make is submitting only the DD Form 293 without attaching supporting documents. The board needs compelling evidence, such as:

  • Letters of recommendation
  • Mental health evaluations
  • Post-service achievements
  • Statements from fellow service members

You can access and download the DD Form 293 directly from the Department of Defense here:
DD Form 293 (Discharge Upgrade Application)

2. Missing the 15-Year Filing Deadline

According to Department of Defense rules, each service’s Discharge Review Board generally only accepts applications within 15 years of the discharge date. If you miss this deadline, you must instead apply to the Board for Correction of Military Records (BCMR), which has a different process and standard. This is a crucial distinction many applicants overlook.

See the Army Review Boards Agency guidance on this:
Army Review Boards – Types of Boards

3. Writing a Poor or Incomplete Personal Statement

Your personal statement should be persuasive, truthful, and supported by facts. A common mistake is submitting a brief or vague narrative that doesn’t explain:

  • Why the discharge was unjust or erroneous
  • What mitigating factors were present at the time
  • How you’ve changed since separation

A well-crafted personal statement is often the most persuasive part of your application. This is where the guidance of a discharge upgrade lawyer experienced in military law can make a major difference.

4. Using the Wrong Legal Standard

Discharge review boards do not upgrade discharges simply because you’ve been a good citizen after your separation. Instead, the boards review whether the discharge was:

  • Improper (i.e., violated military law or policy), or
  • Inequitable (i.e., inconsistent with the treatment of other service members)

Failing to structure your argument around these legal standards is a fatal flaw in many applications.

Read more about the standards from the Department of Defense Instruction 1332.28:
DODI 1332.28 – Discharge Review Board Procedures

5. Skipping Legal Review or Expert Help

Too often, veterans rely on templates or advice from online forums, which may be outdated or inaccurate. Discharge upgrade lawyers understand the nuances of military law, know how to present evidence effectively, and can avoid procedural mistakes that derail a case.

A subject-matter expert can assess your case, review your evidence, and help prepare a persuasive application or hearing presentation—especially now that all DRB personal appearance hearings are conducted via VTC or telephonically, not in person.


Final Thoughts

The discharge upgrade process is governed by complex aspects of military law that are often misunderstood by veterans attempting to go it alone. By avoiding the common mistakes above—and seeking the help of a qualified discharge upgrade lawyer—you significantly increase your chances of a favorable decision.

If you’re considering applying for a discharge upgrade, or if you want a professional review of your case before you file, visit MilitaryAdvocacy.com for expert guidance and flat-rate legal services.


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