Login|Contact Us
Question and Answer

Military Law

Ask a Military Law Question, Get an Answer ASAP!

  • Ask A Question
  • Browse Answers
  • Meet The Experts
  • How JustAnswer Works

My son would like to have his military discharge upgraded from

 
psimmons's Avatar
  • Answered by:psimmons
  • Military Lawyer
  • Positive Feedback: 97.9 %
  • Accepted Answers: 10159
Verified Expert
in Military Law

Recent Feedback

Positive
nice to work with--expresses really bad news in a gentle way
Positive
I am very pleased with the speed I received this info back. The answer is easy...
Positive
fast asnwers--very professional--nice to work with
Positive
Rapid and accurate responses - very helpful and knowledgeable! Saved me quite a...
Positive
This is helpful! Thank you.
Positive
Thank you again for your advice, Valerie
Positive
I was pleased with the service. Sorry you have to deal with an idiot like me....
Positive
Type your review here...
Positive
Type your review here...
Positive
Very thorough with his answers. Asked questions to make sure that he fully...

Customer Question

My son would like to have his military discharge upgraded from a general discharge under honorable conditions to an honorable discharge. We understand that he needs to write a letter to the Naval board to send with documentation for the reason he believes he deserves the upgrade. He cannot afford an attorney at present and would like some input on his situation.

Thank you.

 

Optional Information:
State/Country relating to Question: Texas

Already Tried:
Have tried to get recommendations for pro-bono attorneys with no luck. Have contacted attorneys with experience in this field but are very expensive.

Submitted: 360 days and 23 hours ago.
Category: Military Law
Value: $28
Status: CLOSED
Picture
Expert:  psimmons replied 360 days and 22 hours ago.

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

Just a moment please, I need to type this up.

Picture
Expert:  psimmons replied 360 days and 22 hours ago.

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, your son will need to demonstrate, under the circumstances, that an upgrade to the characterization is the appropriate result in the 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 post service conduct, but this to a lesser degree than than your service conduct.

You should start with a request of your records. You can request them here

http://www.archives.gov/veterans/military-service-records/standard-form-180.html

Unlike the urban legend, there is no "automatic upgrade" for discharges...in fact only a small percentage of requests are granted.

To have the greatest chance for success you son 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 understand he can not afford one...perhaps best to save up.

The one thing the lawyer can help with is organizing the information you have to put it into a "package" that will make it easy for the board to see your points. This can be a very valuable service.

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.

Customer replied 360 days and 22 hours ago.

Would you be able to do it from your location?

Accepted Answer

Picture
Expert:  psimmons replied 360 days and 22 hours ago.

I can not since the terms of service of this website prohibit that.

HOWEVER, there are plenty of folks like me who can do this from their locations...this does not require a local attorney

Expert TypeMilitary Lawyer
Category: Military Law
Pos. Feedback: 97.9 %
Accepts: 10159
Answered: 4/13/2012

Experience: Retired Marine Corps Lawyer, Veterans Services Officer (VSO)

Ask this Expert a Question >
 
Tweet

4 Military Lawyers are Online Right Now

Ask Your Question Now
Military Law Questions Date Submitted
okay here is the deal I have custody in illlinois of my daughter. 3/26/2013
NA-100 3/25/2013
Permission to get married 3/24/2013
Sir, my wife and I have an MPO that is not wanted by either 3/22/2013
Good morning, Last year I receive helpful information from 3/20/2013
Hello my husband and I are both in the marine corps. He is 3/20/2013
A tenant in New Jersey whose husband is in the Army (mos-31B) 3/20/2013
i was discharged from the military in 2004, and was errorounously 3/19/2013
BAH Fraud; Adultery 3/18/2013
Situation: I'm currently appealing an adverse NCOER which 3/17/2013
RSS
Next 10 >
Ask A Military Lawyer
Type Your Military Law Question Here...
characters left:

Top Military Law Experts

See More Military Lawyers

In The News

Nbc
Washington Post
New York Times
Cnn
Learn More

How It Works

  • Ask an Expert
  • Get a Professional Answer
  • Ask Followup Questions
  • 100% Satisfaction Guarantee
Learn More
 
 
 

Recent Articles in Military Law

  • UCMJ Article 32 Questions
  • Military Promotion Questions
  • Military Retirement Laws
  • Military Survivor Benefit Plan
  • Adultery in the Military
  • Army Recruiter Questions
  • Medical Discharge Regulations
  • Army Discharge Regulations
  • General Court Martial Questions
  • Absent Without Leave (AWOL) Regulations
All Military Law Articles
 
 
 
close
Find Expert answers related to your question.
Sign up using email
We will never post anything without your permission.
Already have an account? Sign in

Ask a Military Lawyer

Get a Professional Answer. 100% Satisfaction Guaranteed.
249 Military Lawyers are Online Now
Type Your Military Law Question Here...
characters left:

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Truste
Contact Us | Terms of Service | Privacy & Security | About Us
© 2003-2013 JustAnswer LLC