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Allen M., Esq.
Allen M., Esq., Lawyer
Category: Military Law
Satisfied Customers: 15641
Experience:  Lawyer and current JAG officer.
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My goal is to restore my respectability and life by properly

Resolved Question:

My goal is to restore my respectability and life by properly and formerly attempting to make amends for my past discretion's while on active duty.

Is this something that requires legal assistance or is dd 149 the only path to requesting this Bad Conduct Discharge review for upgrade to General Discharge?
Submitted: 1 year ago.
Category: Military Law
Expert:  Allen M., Esq. replied 1 year ago.

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?

Customer: replied 1 year ago.

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


 


 

Expert:  Allen M., Esq. replied 1 year ago.

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.

 

http://www.justice.gov/pardon/pardon_instructions.htm

Allen M., Esq., Lawyer
Category: Military Law
Satisfied Customers: 15641
Experience: Lawyer and current JAG officer.
Allen M., Esq. and other Military Law Specialists are ready to help you
Customer: replied 1 year ago.

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?

Customer: replied 1 year ago.

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?

Expert:  Allen M., Esq. replied 1 year ago.


No, my point is just that it is not something that is easy. I'm simply trying to manage your expectations, so that you don't go into anything blind.

Unfortunately, yes. There are few options for removing a discharge status. If you had been before a General Court martial, you wouldn't even have the option of using DD Form 149, so it's an option at least. If the DD Form 149 process doesn't work, then you will maintain that discharge status for life.

A court martial is a federal conviction. I don't know why that wasn't explained to you, but that's how it works. I don't know what else to say.

You can find all of your records, in general, by contacting a researcher at the national archives.

http://www.archives.gov/veterans/military-service-records/

I don't see your name in this chat. However, once you rate my service, I can have the thread locked for your privacy.

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