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How difficult will it be to revert a Other then honorable discharge

 
Marsha411JD's Avatar
  • Answered by:Marsha411JD
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Customer Question

How difficult will it be to revert a Other then honorable discharge to honorable discharge after 27years

 

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State/Country relating to question: New Mexico

Already Tried:
I'm getting the form needed 149 and 293 and summiting them

Submitted: 306 days and 9 hours ago.
Category: Military Law
Value: $30
Status: CLOSED
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Expert:  Marsha411JD replied306 days and 9 hours ago.

Hello,

Thank you for your question. Can you tell me what the reason was for your OTH? A bit of background on what led up to it would help. What service were you in?

Thank you.

Customer replied306 days and 9 hours ago.

I was in the navy. Had some drug use back then dirty urine

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Expert:  Marsha411JD replied306 days and 9 hours ago.

Hello again,

Thank you for that information, although it would have helped to know if you had been awarded NJP or were tried at court-martial. In any event, I can tell you first that you will have to apply for an upgrade on a DD Form 149 to the Board for Correction of Naval Records as it has been too many years (over 15) since your discharge to use the DD Form 293 petition to the Discharge Review Board. So, when you apply to the Board for Corrections, you will need to be able to convince them that your discharge characterization was made in error or as a result of an injustice. You will also need to explain why you waited so many years. You can see more information at: http://www.archives.gov/veterans/military-service-records/correct-service-records.html

That said, the Boards do not typically upgrade a discharge, if at all, more than one level. So, although you might be successful at obtaining an upgrade to a General under Honorable Conditions, it isn't likely at all that you would receive an upgrade to an Honorable. You may want to consider hiring a civilian attorney who handles Military Law issues to assist you with your petition and hearing if you elect an in person hearing.

Let me know if you need any clarification. I would be glad to assist you further if I can.

You can reply back to me using the Continue the Conversation or Reply to Expert link if you have additional questions; and if you do, I ask that you please keep in mind that I do not know what you may already know or with what you need help, unless you tell me.

Please rate me based solely on my assistance to you in understanding the law, and not based on whether my answer is what you were hoping to hear. I, unfortunately, have no control over the how the law impacts your particular situation, and I trust that you can understand how it would be unfair for me to be punished by a (negative rating) ----the first 2 stars/faces----for having been honest with you about the law. Please reply to me and let me know if you are having difficulty with the rating system or even seeing it. Thank you.

Expert TypeLawyer
Category: Military Law
Pos. Feedback: 97.9 %
Accepts: 835
Answered: 8/17/2012

Experience: Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG

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