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Ask PhilCave Your Own Question
PhilCave
PhilCave, Lawyer
Category: Military Law
Satisfied Customers: 1069
Experience:  33 years military law experience.
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i was in the marines for four years and had a general discharge

Customer Question

i was in the marines as an infantryman 0311 with 2/5 for four years and had a general discharge
with seperation code MBk1 and reentry code RE-3c
can i still work a federal job? Can i upgrade this??? Please help! Also The post 9/11GI Bill only caters to Honorable Discharges! Can i get this? if my discharge is upgraded can i get retro payment??
I Am from San francisco, CA
Submitted: 7 years ago.
Category: Military Law
Expert:  PhilCave replied 7 years ago.
You should be able to get such jobs. But you may have problems with policing.

Many states have changed the rules and now an Honorable is required to carry a weapon as a police officer. Had a bunch of police officer clients wanting to upgrade because they'd changed departments or wanted promotion. They'd been grandfathered with GD intially.

If you got a GD at EAS, then was there something negative in your record NJP, Page 11s? If there's misconduct in your past you may have an issue with a security clearance.

You can apply to the Navy Discharge Review Board to try and upgrade the GD, and the Board for Correction of Naval Records on the RE code.
Customer: replied 7 years ago.
If i did brig time for 45 days would that show up on a background check?
Expert:  PhilCave replied 7 years ago.
That means you had a court-martial.

What were the charges?

Yes, it is possible that it will be in the NCIC depending on what you were prosecuted for.

It may well have an affect on federal employment and the security clearance.
Customer: replied 7 years ago.
I was ua for a period of six months but I was allowed to finish the remainder of my contract I even have a good conduct medal
Customer: replied 7 years ago.
I was ua for a period of six months but I was allowed to finish the remainder of my contract I even have a good conduct medal will this show up on a federal job interview
Expert:  PhilCave replied 7 years ago.
Then there may be a DD553 federal deserter arrest warrant in the NCIC system which will show up.
The conviction will likely show up in your military personnel file which the federal government will have access to.
There is a question on the SF86 which you may have to answer yes to because of a federal conviction.
Customer: replied 7 years ago.
How much will this cost to fight and repair my discharge status do state and city govt have access to this information
Expert:  PhilCave replied 7 years ago.
They will have access because you will normally be required to give them that kind of information as part of the application process.
Fees would likely range between $2500.00 and $10,000.00 depending on who represented you.
Google "military lawyers" and/or "discharge upgrade" to find a lawyer who deals with this kind of case.
Sincerely.
Customer: replied 7 years ago.
If money was no object and I wanted the best representation where would I go
Expert:  PhilCave replied 7 years ago.
As I have already indicated, do the Google and you'll find any number of good lawyers who would be willing to assist you.
The site rules do not allow us to solicit cases direct from the site.
Sincerely.

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