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Allen M., Esq.
Allen M., Esq., Lawyer
Category: Military Law
Satisfied Customers: 16110
Experience:  Lawyer and current JAG officer.
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I received a other than honorable discharge while I was in

Resolved Question:

I received a other than honorable discharge while I was in the Marine Corps reserves. A mistake I made that I would like to have changed. Is there any help in changing this?
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.

 

How long ago did you receive the discharge?

Customer: replied 1 year ago.
1998. I received an Other than Honorable Discharge. I came up positive for cocaine. First time using and first testing positive for anything. A bad decision I made listening to someone who I looked up to. Neverthelss it is my mistake. I learned from it and willing to accept the consequences. But I just really want it expunged from my record.
Expert:  Allen M., Esq. replied 1 year ago.
Ok.....when in 1998?
Customer: replied 1 year ago.
I believe it was June. I no longer have my DD214. I burned everything
Expert:  Allen M., Esq. replied 1 year ago.

Ok, here is the problem.

 

There is a method for seeking an upgrade, called a DD Form 293 through the discharge upgrade board. It gives you the best chance to have an upgrade, you can only use that board for 15 years following your discharge.

 

If you can manage to file that DD Form 293 before you hit 15 years from the date of your discharge, you have a chance. Not a great chance, but that's nothing against you. They just don't upgrade many, but they do upgrade some and people with a solid life history since separating have the best chance.

 

But you have to hurry. You need to obtain your military records, fast. I would search online (I can't advertise for them, sorry) for fast military records search and work with an agency there is St. Louis. They can get your records very quickly, usually a day or two. I would also consider hiring an attorney to submit your application quickly, so that you can get it turned in before the deadline of 15 years. Just search online against for "attorney" and "DD Form 293."

 

If you can't make that time frame, it's going to be nearly impossible to get the discharge upgraded. That is because the only option after the DD Form 293 time frame passes is the DD Form 149, military records corrections board. They almost never upgrade discharge, and only do so if you can show that the discharge was an injustice or error at the time it was given (because they are just seeking to correct military records, not upgrade discharges).

 

 

Allen M., Esq., Lawyer
Category: Military Law
Satisfied Customers: 16110
Experience: Lawyer and current JAG officer.
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Allen M., Esq.
Allen M., Esq.
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Lawyer and current JAG officer.