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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 32798
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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Hello, I have filled out a dd from 149 three times, and

Resolved Question:

Hello, I have filled out a dd from 149 three times, and have been rejected on all of them. My main goal for the last 6 years has been to get back into the Army because I made a mistake in Basic training in 2003 and went AWOL for more than 30 days. -As the casualties increase over the years, it basically weighs on me that others are getting hurt or dying and I had the chance to fight along side them, but... deserted, I made a mistake and would like a second chance if it is at all possible.- I turned myself in in late 2004 hoping to return to the service, and was sent to Fort Sill, Oklahoma. I remember very little about the process, except there was a lot of moving lockers, recycling card board, and sitting inside a barracks. Ultimately I was out-processed and the report stated I did not want to be rehabilitated, and did not want to rejoin the service, which I dont remember stating. What can I do to rejoin the service?

DD Form 214 information:

Character of service: Under other than honorable conditions

Type of Seperation: Discharge

Seperation Authority: AR 635-200, Chap 10

Seperation Code: KFS

Reentry Code: 4

Narrative Reason for Seperation: In Lieu of Trial by Court-Martial

Dates of Time Lost During this Period: Under USC 972: 20031109-2004816

Thank you for your time.
Submitted: 6 years ago.
Category: Military Law
Expert:  P. Simmons replied 6 years ago.
Thanks for the chance to assist.

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 process that was not addressed at the time, that would be a basis for upgrade.

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 fact only a small percentage of requests are granted.

If you keep trying and failing you may want to hire a lawyer to assist. 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 more questions and I will do my best to assist, otherwise, please accept so I may get credit for my work.
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