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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 33100
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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Convicted in a General Court Martial for false statement in

Customer Question

Convicted in a General Court Martial for false statement in 1996 and was reduced to E-5 and $110 fine. I was not able to reenlisted because my command never lifted my bar, I ETS a year later Honorable Discharge with a reenlist code of 3. I was able to join the National Guard in 2004 than 6 months later I transferred to the Army Reserves. I went to Iraq in April 2006 and was 100% Medically Discharge in 2011 from injuries while serving in Iraq. The false statement conviction has not affected my life in any way but I would like to get rid of it if I can, What are my choices?
Submitted: 3 years ago.
Category: Military Law
Expert:  P. Simmons replied 3 years ago.
Thanks for the chance to help. I am an attorney with over 12 years military law experience.


Get rid if it? Not actually possible short of a presidential pardon.

A general court martial is a federal criminal court. Because of that the board of corrections for military records has no jurisdiction over the conviction. They can not remove it.

There are two ways to remove it.

One is through the appeals process. But you are far to late to appeal it now...appeals are barred if not filed within a timely manner. After nearly 20 years it is too late to appeal.

The other way is with a pardon. Since this is a federal conviction, the President has the power to pardon the conviction....he can remove it.

You can see the process to apply for an appeal here

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

If you apply for and are granted a pardon by the President, then the record will be removed.


Let me know if you have more questions...happy to assist if I can

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