Denied by Dysfunctional Design: How the DD-293 Application Form Thwarts Pro Se Veteran Applicants’ Discharge Upgrade Requests.

Wherry, Jessica Lynn

Journal: American University Law Review

Volume: 74

Year: 2025

Bluebook Citation: 74 AM. U. L. REV. (2025)

Author: Jessica Lynn Wherry: all 5 publications


Abstract

Although most military service members receive an Honorable discharge at the completion of their service, thousands of former service members are discharged under less-than-honorable conditions, often for misconduct that is likely the result of a mental health condition, including post-traumatic stress disorder (PTSD ), traumatic brain injury, sexual assault, or sexual harassment. Veterans with a less-than-honorable discharge are ineligible for most veterans benefits. The consequences can be dire for these former service members, including homelessness, unemployment, mental health conditions, criminal involvement, and suicide. These veterans can restore their access to benefits by appealing to a military discharge review board, seeking a discharge upgrade. To apply for a discharge upgrade, applicants must complete the Department of Defense Form DD-293. Most discharge upgrade applications are submitted by pro se veteran-applicants, and most applications are denied. Though there may be varied reasons for the denials, this Article engages with rhetorical theory to consider how the DD-293 form operates as a barrier to relief and how it could be revised to assist pro se veteran-applicants in puttingforward the best application possible. A pro se veteran-applicant typically does not have law training and thus is likely unaware of the form as an opportunity for individualized discourse rather than a static thing to be filled in. A pro se veteran-applicant's lack of awareness of the limitations of the form and lack of understanding how to individualize the form call for redevelopment and redesign of the form to stimulate discourse. This Article explores how the DD-293 could be redesigned to facilitate and support pro se veteran-applicants' rhetorical discourse-a worthwhile path toward improving the overall discharge upgrade process, especially for pro se veteran-applicants who need and deserve the support.

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