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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 26840
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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My son would like to have his military discharge upgraded from

Resolved 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.
Submitted: 2 years ago.
Category: Military Law
Expert:  P. Simmons replied 2 years 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.
Expert:  P. Simmons replied 2 years 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 2 years ago.
Would you be able to do it from your location?
Expert:  P. Simmons replied 2 years 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

P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 26840
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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