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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 32794
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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I just found out I received an other than honorable discharge

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I just found out I received an other than honorable discharge from the Army. I was in the Army Reserve and due to some personal issues I stopped attending my monthly drills. I was never contacted by my unit in the three years since my last drill attended. I never received written notice of the impending separation and was not afforded the opportunity to defend myself. I believe this violates the Army's policy on separation... Is that true?
Thanks for the chance to help. I am an attorney with over 12 years military law experience.

It is true that the Army Regulation on separations requires they provide the soldier with the opportunity to appear before a board prior to awarding an OTH discharge.

That said, for a reservist, if the Army provides notice, in writing, to their last known address of the pending separation, and the soldier does not respond to this notice, the Army can then award the OTH.

So in your case, the issue will be did your unit exercise due diligence...did they mail notice to your last known address. If they did not? That would be a basis to upgrade the discharge.

I would request a copy of your records. You can do so here

Make sure to request the entire record and not just the DD214.

If they provided you notice, that should appear in your records.

If it is not there? I would apply to the Army Review Board Agency and request they upgrade your discharge.

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