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psimmons, Military Lawyer
Category: Military Law
Positive Feedback: 97.9 %
Satisfied Customers: 23531
Experience: Retired Marine Corps Lawyer, Veterans Services Officer (VSO)
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i was put out of the military for going awol during leave i

Customer Question

i was put out of the military for going awol during leave i tried to get emergency leave and was told if i got all info i would and then was told i am needed back and btw im awol...but my question is when i was out processing legal said i could fight it and tried to get more time for me to but they fast tracked me out what can i do

Submitted: 12 months ago.
Category: Military Law
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Expert:  psimmons replied 12 months ago.

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

What can you do about what? What is it you are attempting to accomplish?
Get back in? Change your discharge?

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Customer: replied 12 months ago.

get back in

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Expert:  psimmons replied 12 months ago.

You have an uphill battle here. It is not going to be easy to get back in.

Frankly, it will likely be very difficult.

To get back in you will need to change not only the characterization of the discharge but also the RE (reentry code)

So you would need to show that the military completely got it wrong. Not just a little wrong...but fully wrong. And you will need to supply evidence (other than just your statement)

That said, if you can show that you were on leave and not AWOL and that they did not give you due process (the right to challenge your discharge)...if you can prove this, the board of corrections for military records will change the characterization of discharge and may even change the RE Code


The process is straightforward. You can begin the process here
http://www.archives.gov/veterans/military-service-records/correct-service-records.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 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 would talk to several to see if one can be of help...but understand this is a long shot...beware of promises.

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.

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Expert:  psimmons replied 12 months ago.

I am surprised by your rating. The answer is accurate. Not what you wanted to hear...I understand that. But it was accurate.

I wish you the best of luck with this.
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