Thank you for your question today, I look forward to assisting you. I have nearly 20 years of legal experience in various disciplines, including JAG.

Ok. Without details as to what he has done, it's difficult to give you much information on what actual Discharge status they are seeking.

That being said, almost any level of misconduct can legally justify a separation from the military if that Soldier has less than 6 years of military service. The reason is that, prior to having served six years, soldiers are not entitled to receive a board hearing for their separations.

That means that command can recommend and approve a separation with minimal legal oversight. I've seen hundreds of these go through and because it is an administrative process rather than judicial, there is no meaning appeals process.

If he gets anything less than an honorable discharge, he will not be legally entitled to the GI Bill. So, that means they can give him a General discharge and keep him from getting the GI bill. Going for a General discharge though, doesn't automatically entitle him to representation or a board hearing in the way that going for an Other than Honorable discharge would.

So command can ride the line, by only recommending and approving the General Discharge. Your son wouldn't have the ability to do anything beyond writing a letter of appeal to the commander that is the approval authority for the discharge. That commander can't be legally compelled to change his/her mind.

Your son wouldn't have the legal right to any meaningful review until AFTER he was discharged, by filing a DD Form 293 with the military discharge upgrade board.

I'm sorry to be the bearer of bad news here, but it is highly probable (based on the facts you've given here), that the military will be able to accomplish this separation if they wish.