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I received a Bad Conduct Discharge from the Marines in 1973,

 
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I received a Bad Conduct Discharge from the Marines in 1973, is there any way I can have this upgraded ? Due to my immaturity and stupidity i went AWOL when I found out that my girlfriend at the time was pregnant with my first child.

 

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State/Country relating to question: Virginia

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my first attempt in searching for assistance.

Submitted: 469 days and 11 hours ago.
Category: Military Law
Value: $25
Status: CLOSED
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Expert:  psimmons replied469 days and 11 hours ago.

Thanks for the chance to help. I am an attorney with over 12 years military law experience.

There is a process to request an upgrade. But it is not easy and, frankly, from what you describe not even likely.

The process is straightforward. You can begin the process here

http://www.archives.gov/veterans/military-service-records/correct-service-records.html

To be successful, you will need to demonstrate, under the circumstances, that an upgrade to the characterization 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 discharges...in fact only a small percentage of requests are granted.

And that is the main problem. To get a BCD you had to go to court and were entitled to a full appeal. Plus this happened over 30 years ago...you would have to show error in the process way back then. Unless you have some evidence, it is unlikely a request would be granted.


Sorry to have to bear bad news

Customer replied469 days and 11 hours ago.

OKAY THEN HOW DO I FIND OUT THE WORDING OR CHARACTER OF DISCHARGE IT FELL UNDER?

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Expert:  psimmons replied469 days and 10 hours ago.

You request a copy of your record. You can do that here

http://www.archives.gov/veterans/military-service-records/index.html

 
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