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Allen M., Esq.
Allen M., Esq., Lawyer
Category: Military Law
Satisfied Customers: 15690
Experience:  Lawyer and current JAG officer.
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I was in RA back in 82. I failed a drug test. I was given an

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I was in RA back in 82. I failed a drug test. I was given an art 15, stripped of rank and pay, also confined to base. That being said, after I completed all punishments and drug rehab I was granted my yearly leave. to make a long story short I went to get my bus ticket home while I was on duty and but without permission. They discharged me for drug rehab failure. Gen. under hon. cond. any chance of getting that upgraded to honorable? I could never figure out how they discharged me for drug rehab failure when I had passed drug rehab and completed everything I was supposed to.
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.

 

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.

Customer: replied 1 year ago.
Thanks I will give it a shot and yes your right there were no repeat offenses I just wasn't in my assigned place of duty. I wont tell them this but my CO was a real SOB. If you can give me any input on filing it, it would be greatly appreciated.
Expert:  Allen M., Esq. replied 1 year ago.

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.

Allen M., Esq., Lawyer
Category: Military Law
Satisfied Customers: 15690
Experience: Lawyer and current JAG officer.
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