Thousands of verified Experts are ready to answer your specific questions 24/7.
Satisfaction is guaranteed and you pay your Expert only if you are satisfied.
Just type your detailed question and click "Get an Answer."
In minutes you'll get a response from an Expert. You can always ask follow-up questions.
Happy with your answer? Just click "Accept" to pay your Expert.
I was curious about the odds of getting a dishonorable discharge upgraded for cocaine, and I was wondering if the review panel takes into consideration the individual in questions life after the discharge, ie crimnal record as civilian or lack of one? My discharge was 20yrs ago.
cocaine distribution or personal use?
combination of both, total charges added up to 5.02 grams of coke. I got some one an 8 ball (3.5 grams) and was seen doing lines and gave lines to people.
ok, but I assume there was no charge of distribution (i.e. sale). Assuming you have had no criminal charges brought against you since discharge 20 years ago, I would approximate a 40% chance of the upgrade. While the panel does consider post discharge behavior, it is only to make it less likely that the charge would be upgraded.
Attorney
Negotiate, Draft, and Review many complex commercial agreements each year.
no, when I got an 8ball for the individual they (command) considered that and the lines that I gave out as distribution.
Relist: I still need help.
<p>I see, so they considered you a drug dealer. It is unlikely you will get the upgrade.</p>
thanks for your time and insight.
I was wondering something else about my case, if memory serves, my navy defense lawyer was the prosecuting attorney for one of the witnesses against me. Is that legal?
Sorry for the confusion...there was some incorrect information passed You can upgrade your discharge, certainly it is possible...but it is not an easy prospect. The process is straightforward. You can begin the process here http://www.archives.gov/veterans/military-service-records/correcting-records.html To be successful, you will need to demonstrate, under the circumstances, that an upgrade to the charachterization is the appropriate result in your case. Typically this would be done by showing that the result at the time was wrong for some reason...for example if there was some error in the court martial process that was not addressed on the record or in the appeals process. The board will also consider your post service conduct, but this to a lesser degree than than your service conduct. Unlike the urban legend, there is no "automatic upgrade" for discharges...in fact only a small percentage of requests are granted. To have the greatest chance for success you should consider working with an attorney that can help you assemble the package you will submit. A google search under "military lawyer upgrade discharge" will net you several prospects...I would talk to several to see if one can be of help...but understand this is a long shot...beware of promises. BotXXXXX XXXXXne: Its possible but difficult to do. Best of luck Please let me know if you have further questions; if so I will do my best to answer them. If not please hit the accept button, its the only way I get credit for my work. Terms and Conditions: By your continuing in this conversation with me, or by your clicking “Accept”, you are expressly agreeing to all of the following: (1) our communication is for entertainment purposes only; (2) you are not consulting me in my professional capacity as an attorney; (3) you do not seek to establish an attorney-client relationship with me, nor do I with you; (4) you will not rely on anything I say and you will obtain appropriate legal counsel via a traditional office consultation with an attorney licensed to practice in the jurisdiction where your legal issue arises; (5) by communicating with me in this public forum you are irrevocably waiving any right to privacy, confidentiality and attorney-client privilege concerning the matters discussed. You further separately declare that any payment made by you is not consideration for this contract, nor offered for any services rendered by me on your behalf. If you do not agree with these terms and conditions, then you must advise me immediately.
You didn't get paid earlier? They took money out of my account.
I know it is a long shot, which is why I procrastenated for so long. I actually have already started the ball rolling by asking for my records and court martial transcripts,etc.
Thanks again for your thoughts.
Sorry, the other expert got paid and I do not expect you to pay again. I do want to make sure you understand that while this is a long-shot, it is far from impossible. You should certainly mention the possible conflict with your defense attorney. Also, make sure to add information about your post service conduct, as that may help the board decide in your favor. Best of luck
Law Degree, 12 Years of trial experience
I understand now, I didn't realize more than one person was answering my bust.
Yeah, I know it's a long shot. I figure the worst they can say is no. It's just frustrating having one mistake from my past when I was young and stupid keep coming up and haunting me, especially when I know if I would have been just a civilian at the time based on the evidence I wouldn't have even gone to court. The reason I know is it was dismissed out right by the civilian judge that my case went before first... this was a joint civilian/naval investigation, long story.
Someone at the VA let me see a small glimmer of hope that I maybe able to get my discharge upgraded, since then I have gotten motivated to try.
Again thanks for your help and insight.
did that payment go through?
It did, and I will request the original be refunded
psimmons, I have been mulling various things around, I haven't recieved my records yet so this whole process hasn't started, but I am curious if you know or have any idea whether or not the 8th amendment has any validity in regards XXXXX XXXXX of rights, voteing, gun ownership, etc in relation to a military discharge? Would it even be something one should argue? Also is there anyone in the Seattle area you would recommend when I do get this going?40028.8633761921
Interesting thought The 8th Amendment prevents Cruel and Unusual punishment. It has been used to invalidate the manner of executions in several states and has been used to help reform prison conditions recently. As for voting rights/firearm possession...that will be tough. First, you need to understand its not the discharge that prevents gun ownership...its the conviction at the General Court Martial (military version of felony trial). So, loss of gun rights is not based on military status, but on the status of being convicted of an offense (particularly a felony). It will apply to a person convicted in state or federal court. I have not seen a challenge to this law on 8th Amendment grounds. The fact that we are still executing people in this country (and that does not violate the 8th Amendment) seems to me that limiting gun ownership would not violate the 8th Amendment.
So if I would have been awarded an OTH at a General I would still be denied the right to vote or own guns? I had not heard that, my understanding was loss of rights was based on the discharge itself... more research needed...
I got curious when I was reviewing some civilian cases where the sentence was found to violate the 8th because of length of time in regards XXXXX XXXXX commited.
thanks.
THIS ANSWER IS LOCKED!You can view this answer by clicking here to Register or Login and paying $3. If you've already paid for this answer, simply Login.