Have Military Law Questions? Ask a Military Lawyer.
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.
What kind of court martial was it? General court martial or special court martial empowered to adjudge a bad conduct discharge?
When was this court martial?
I am sure it was a special court martial
1991 at MCRD Sandiego while I was assigned to edson Range
I was demoted from SGT to PVT and was not sent to the Brig.
I was going through a major life dilema with a child birth and forced to give her up for adoption. The adoptive parents gave character withness testimony on my behalf
Ok. You've missed the best window for an upgrade, which you are probably aware of. I'm assuming that is why you mentioned DD Form 149 rather than DD Form 293.
Because you are beyond 15 years, there is only one way to change your discharge status. You must use that process to seek an upgrade. The problem is that, unlike the DD Form 293 process that considers positive life changes and the effect of that discharge status on your life now, the DD Form 149 process only considers the discharge status at the time it was given.
This is because the DD Form 149 process is not meant for upgrading a discharge status. It is meant for correcting military records, so you can't approach this like an upgrade request. That time has passed. You must approach this as a request to correct an error in the record, by either establishing that the original discharge status was given in error or that it was an injustice at the time it was given. That's the only way to upgrade that status and that is a very difficult task. Less than 1% are ever upgraded through DD Form 149.
That also doesn't remove the federal conviction. There is no expungement process for that. To remove that conviction, you have to actually receive a Presidential pardon.
Does that mean it is not something I should be attempting due to the fact that I need a presidential pardon?
Basically I have no option and must remain in the status for life?
I was unaware I had a federal conviction at the time of the court martial.
How do I find that record I am attached to?
What name will show up on this in the public records...I did not understand this at the outset of the conversation...Can I have my name blocked from this chat still?
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).