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.
I think it is odd that they discharged you for drug rehab failure.
It's too late to do a regularly discharge upgrade board. You have to do that within 15 years of your discharge.
You can, however, file a DD Form 149 with the military records corrections board. You can argue that the discharge that you received was in error and an injustice because you did not fail your rehab. You completed the process and did not have any repeat drug related offenses. That board rarely grants discharge upgrades, I'll just warn you, but they can and this case looks like the type they are looking to upgrade....situations that don't make sense.
It's just a form really. All you have to do it fill it out and request the right for a hearing.
DD Form 149.
Some people use attorneys to help build their packet, but it is not necessary.
You simply have to outline what happened. You were discharged, but not for the reason they could have discharged you for.
Now, here is the concern. You legally were eligible for a discharge, under the misconduct section. They could have said that you showed a pattern of misconduct and given you the same discharge status (General). It is possible that the corrections board will simply state "well, you're right, they did the wrong discharge, but we're not upgrading you....we're just changing your discharge to a chapter for misconduct."
As I previously noted, this board does not normally upgrade discharges.
Unfortunately, it is the only method left available to you and your only real argument is that you did not fail the rehab, so you should have gotten the rehab failure discharge.
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