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Allen M., Esq.
Allen M., Esq., Lawyer
Category: Military Law
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Experience:  Lawyer and current JAG officer.
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Can you appeal a discharge status,Or upgrade a undesirable

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Can you appeal a discharge status,Or upgrade a undesirable discharge to general. Is an undesirable discharge the same as other than honorable? I received the undesirable discharge at age 17 for going A.W.O.L. It was a very difficult time for me with the loss of my father and other family issues. Why does something that has occured so long ago have to affect me still negatively? I am 56 years old and would like to receive military benefits of school, work and housing. Can you help me?
Submitted: 3 years ago.
Category: Military Law
Expert:  Allen M., Esq. replied 3 years ago.
Hello and thank you for using Just Answer. I'm an attorney with a legal career spanning 13 years and I will be assisting you today.

It's actually a bit confusing what an undesirable discharge really is. There isn't an absolute conversion chart. It's not an honorable and that's what matters.

The problem that you are going to have here is that you are well beyond the discharge upgrade window, which is within 15 years of the discharge through DD Form 293.

That leaves you with one option, the DD Form 149 military records correction process. You'd need to show that the original discharge status was either given in error and was an injustice when given.
Customer: replied 3 years ago.
What is an other than honorable discharge? Can I actually view my DD214 on line to view the actual discharge? Since incident occured At 17 could my record be exponged and cleared after upgrade window?
Expert:  Allen M., Esq. replied 3 years ago.
An other than honorable discharge is the discharge below General (under honorable conditions) and Bad Conduct Discharge.

It is the lowest discharge permitted with a court martial.

Your age has no bearing on whether or not it can be expunged. In fact, it's not a criminal law matter, so there is no expungment.

The only two methods that exist for changing it at all is the DD Form 293 and DD Form 149, which I've already mentioned.

As for an online version of your DD Form 214, I don't believe there is. There is a means to request it online though.

http://www.archives.gov/veterans/
Customer: replied 3 years ago.

Ok I understand then two methods. However, I was never court martialed and did not receive bad conduct or dishonorable discharge. Given an Undesirable for military service is the same as unfit like for vision, flat feet etc? Isn't this different?

 

Expert:  Allen M., Esq. replied 3 years ago.
An undesirable for misconduct would fall into either General or Other than honorable, almost certainly being considered other than honorable for the purposes of the VA.

The process for upgrading is the same, so it's not really changing anything about my answer.
Allen M., Esq., Lawyer
Category: Military Law
Satisfied Customers: 15467
Experience: Lawyer and current JAG officer.
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