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Allen M., Esq.
Allen M., Esq., Lawyer
Category: Military Law
Satisfied Customers: 18791
Experience:  Lawyer and current JAG officer.
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I received a General under Honorable conditions Discharge in

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I received a General under Honorable conditions Discharge in 1976. I was told by my comander that there was a program to help those individuals that didnt quite suit the nedd of the military military or couldn't adjust to the military. This program offered as an early out program for these individuals with a General under Honorable disharge that could be upgraded to a Honorable discharge after 6 months. Back in 1976 being young and not really experienced I never really thought much about it, but would like to have my discharge status changed to Honorable. After looking up to see about upgrading this now I believe I was lied to by my comander in just trying to get rid of me. What are my options?
Submitted: 6 years ago.
Category: Military Law
Expert:  Allen M., Esq. replied 6 years ago.
Unfortunately, your option are few. Because you are beyond the 15 year mark for having your separation reviewed for upgrade you only have one option available to you.

You can seek to have your military records corrected through the corrections board. You would need to file a DD Form 149 with the appropriate review board (found on the application).

Generally, this review board only deals with corrections and not upgrades. That being said, the board does consider corrections based on injustice. If you can show that your discharge characterization was improperly recorded through injustice or error, you can potentially have it upgraded. You do have an issue with the discovery rule here though. Generally, you must bring such an action within 3 years of discovery of the error, but that is waivable by the board. You'll just have to ask that they waive it.

I would not get your hopes up though. Your case would have been much more powerful before a discharge review board, but as I previously said, you have to bring those actions within 15 years of the separation.
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