Why do you think that you are eligible for an upgrade now? Were you told that it could be upgraded after a certain amount of time? Although this is often said, it is not correct. There is no automatic upgrade. In fact, in order to get an upgrade, you would have to show that the original discharge was incorrect and that legal or factual error occurred. If you were discharged, I assume you received an OTHC based on drug use. As such, the only way you are likely to get an upgrade is to prove that you did not use drugs and that you should not have been discharged. I do not think any Board will upgrade your discharge just because you have had a hard time finding a job.
I know this is not what you want to hear. If you have any further questions or want to discuss your case, you can contact me directly at [email protected] or (757) 420-9321.
