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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 26821
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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IN 1972 I GOT A BAD CONDUCT DISCHARGE

Resolved Question:

IN 1972 I GOT A BAD CONDUCT DISCHARGE i WAS STONED LIKE MANEY PEOPLE AT THAT TIME AND A FREIND OF MINE DARED METO THROW A ROCK INTO A CAPT WIND SHIELD AND BROKE THE WINDSHIELD THE SAME GUT WHO TOLD ME TO WAS ALSO THE WITNESS AGAINST ME i WAS ON THERAZINE AND VALUIM AT THE TIME NEEDTO TAKE CARE OF THIS NO MATTER THE OUTCOME WAS AWOL COUPLE TIME TIMES BUT ONLY TO GET STONED IM NOT A BAD PERSON WORKED 23 YEARS WITH AMTRAK HAVE NOT BEEN IN TROUBLE EXCEPT ME TWENTYS MARRID AND JUST TOLD HE ONLY A COUPE OF MONTHS AGO WAS IN STOCKADE AND WAS GOING TO BE RELEASE THE NEXT DAY INSTEAD I GOT INTO THIS MESS PLEASE HELP ME IM 61 YEARS OLD NOW AND NEED HELP THANK YOU IN ADVANCE,XXXXXX XXXXXXX SS# ***** dob 4/12/52

Submitted: 1 year ago.
Category: Military Law
Expert:  P. Simmons replied 1 year ago.
Sir, thank you for the chance to assist. I am an attorney with over 16 years of experience in military law.
I am not sure I understand your question sir...what is it you are attempting to find out?
Customer: replied 1 year ago.
if i can get it changed to better discharge , please help
Expert:  P. Simmons replied 1 year ago.
Sir, I can not help you directly...I can not take your case. THe rules of this website prohibit that.
I can provide you information about the process to request an upgrade, and what the board considers...but I am not permitted to assist you in filing this request. Do you want to proceed? That is do you want for me to provide you information on the discharge upgrade process?
Customer: replied 1 year ago.

yes if you would direct me in the right direction I would fore ever grateful before your start i dont have a lot of money I'm on disability so if you still want to go forward I will pay as much as possible thank you in advance XXXXXX XXXXXXX XXXX XXXXXXX XXX XXXXXXXXXX XX XXXXX

Expert:  P. Simmons replied 1 year ago.
Thank you sir
Let me start by telling you that there is no "automatic" upgrade. In fact, it is very difficult to obtain one. You have to be able to show error or injustice. Basically you must show either that the court martial made an error, or that the result reached by the court was unfair
And you have the burden to show this error or injustice.
The process to apply is simple enough
You submit this form
http://www.dtic.mil/whs/directives/infomgt/forms/eforms/dd0149.pdf
to the board of corrections for military record (address is on the form)
And the board of corrections will make a decision
But the key is in the evidence.
You need to be able to provide evidence that shows either error or injustice.
That is where the lawyer comes in...
You would want to work with an attorney who has experience in military law to help you with the application. They can help you prepare and present the request to the board.
Again, I want to stress, you will need some evidence to show error or injustice.
For example, what you describe, if you were using illegal drugs and broke a window? That is criminal misconduct and can be enough to warrant a BCD.
But if there is evidence that was not presented to the court that mitigates your case (makes it less serious) that can help you convince the board to provide an upgrade to the discharge
Let me know if you have more questions...happy to assist if I can
Customer: replied 1 year ago.

what can it be upgraded to or am i better to just to leave it alone thank you XXXXXX XXXXXXX

Expert:  P. Simmons replied 1 year ago.
Sir, it could be upgraded to an "other than honorable" (that is the next step up), to a "general, under honorable conditions" or to an "honorable" discharge.
Typically, if you can convince them to upgrade, it would be to an other than honorable, or, perhaps, to a general discharge
Customer: replied 1 year ago.
what would be my next step to do this what paper work do i need
Expert:  P. Simmons replied 1 year ago.
You file a request through your chain of command. I believe it is still called a PAR (personal action request). You file that and support with the doctors letter.
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 26821
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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