Thanks for the chance to help. I am an attorney with over 12 years military law
Sir, you ask a very common question. How can I change (upgrade) my discharge characterization. I get several calls each day from folks who would pay any amount of money to change theirs. And the vast majority of they I must turn away. Not that I do not want to work for money...I do. But in the vast majority of cases there is no reasonable expectation that the board of corrections would grant an upgrade
The standard to have a record changed is that there must be either
1. Clear error in the record.
2. The record entry is "unjust"
The first one is easy...and least common. If there is clear error in the record? Easy to correct. Example: say a person did their entire tour, and they discharged at the end of the contract, but a clerk who was generating the paperwork made a mistake and put the wrong discharge characterization on the form (dd214)
In such a case, if you can prove error, you can get the record upgraded.
The second is most common....and very tough to achieve. The service member must show "injustice". That the characterization is not fair. The board of corrections requires proof of the injustice. So, for example, say that three soldiers
were caught up in misconduct. They all stole a small item from the post exchange. And say they all had similar records. For some reason the commander did not take kindly to one of the soldiers and gave him an OTH discharge and the other two honorable discharges
. In such a case, the one who received the OTH would have a decent claim to have his upgraded at least to general.
In your case, if they discharged you for fraudulent enlistment with a general discharge, that would be the appropriate result. Or, at least, the most common result for identifying a member who enlists with fraud. So unless there is more to the story on why this was unjust to you, there is not a way to get that discharge changed
I am sorry to have to bear bad news
Please let me know if you have more questions...happy to assist if I can