Personal Appearance before the Discharge Review Board

A personal appearance before the discharge review board is an entitlement for any Veteran, as long as he/she applies within 15-years of his/her discharge.  A personal appearance can be requested using a DD form 293. A personal appearance may be requested in front of the following boards:

• the Army Discharge Review Board;
• the Naval Discharge Review Board (also for Marines);
• the Air Force Discharge Review Board; and,
• the Coast Guard Discharge Review Board

Ever since the COVID-19 pandemic, personal appearances have been conducted via telephone conference.  At a personal appearance, Veterans have the following rights:

• the right to be represented by counsel;
• the right to a private hearing without only official government personnel present;
• the right to a fair and impartial board members who conduct the hearing with decorum and dignity;
• the right to inspect or otherwise access to all evidence presented to the board;
• the right to introduce and question witnesses or question witnesses introduced by the government;
• the right to make a sworn or unsworn oral or written statement;
• the right to offer no evidence or testimony;
• the right to present evidence in the form of depositions, documents, sworn or unsworn statements;
• the right to receive the decision of the board in writing and in a timely manner; and,
• the right to appeal the decision of the board

After requesting a personal appearance on a DD form 293, an employee of the discharge review board will reach out to the Veteran, and/or their lawyer. After selecting a date for the personal appearance, the call-in phone number and passcode will be disseminated.

At the personal appearance before the discharge review board, the Veteran, or his/her lawyer, should be prepared to make an opening statement and closing statement. The Veteran should also be prepared to answer questions from all of the board members. Finally, the Veteran and his/her lawyer can call witnesses to testify to the board and provide relevant information. A good written submission before a personal appearance can set the Veteran up for success.

The board typically consists of two high-ranking servicemembers and a mental health provider.

Attorney Barry has noticed that Veteran's applications for a discharge upgrade are more likely to be approved at a personal appearance than a document review. That said, any Veteran that has enough time should request a document review first (using DD form 293). Then, if denied, he/she should request a personal appearance.

Having a good lawyer increases a Veteran's chances at a discharge upgrade.  Before a personal appearance at the discharge review board, a lawyer can create a written appeal with supporting documentation. Furthermore, at the personal appearance, a lawyer can prepare the Veteran, call additional witnesses, and argue to the Discharge Review Board.

This Article was written by Attorney Matthew Barry. Attorney Barry is highly rated by former clients and has a proven track record of success.

The Law Office of Matthew Barry represents Veterans worldwide. He has offices on the East Coast, West Coast, and in the Central U.S.  Attorney Barry represents Veterans for Discharge Upgrades all over the world.

Contact us today for a free consultation to start building your Defense.