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Marsha411JD
Marsha411JD, Lawyer
Category: Military Law
Satisfied Customers: 19775
Experience:  Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG
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I was discharged back in June 8, 1983 with a Other than

Customer Question

I was discharged back in June 8, 1983 with a Other than Honorable Discharge.
I received a AR 635-200 Chapter 10.
What does that mean?
I know it wasn't a Dishonorable Discharge.
Submitted: 1 year ago.
Category: Military Law
Customer: replied 1 year ago.
I was told 6 months after I was discharged that the OTH would become a General Discharge is this not true?
Customer: replied 1 year ago.
Are you still there?
Expert:  Marsha411JD replied 1 year ago.

Hello,

Thank you for the information and your question. The reference is just referring to the regulatory basis for your separation. It doesn't change your characterization, which is an OTH. You couldn't have both an OTH and a DD. It is one or the other and the latter can only occurred at a General Court-Martial. In other words, it is a punitive discharge controlled by the UCMJ and not an administrative discharge like what you received.

That particular Chapter has to do with separation in lieu of court-martial. You can see that regulation by going to the following link: http://www.apd.army.mil/pdffiles/r635_200.pdf

What you were told is actually an urban legend. A discharge is never upgraded automatically, but instead there is a petition process which normally must occur within 15 years of the discharge and the Board will only upgrade if the discharge was issued in error or was an injustice. Very few petitions are approved.

Please let me know if you need any clarification.

Expert:  Marsha411JD replied 1 year ago.

Hello again,

I wanted to touch base with you and make sure that you did not have any follow up questions for me from the answer I provided to you on the 28th.For some unknown reason, the Experts are not always getting replies or ratings (at the top of the question/answer page you are viewing or in the pop up box for this question), which is how we get credit(paid) for our work, that the customer thinks have gone through. In your case I received neither. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the Site administrator. Please note that Site use works best while using a computer and using either Google Chrome or Firefox.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue, if needed. You can bookmark my page at: http://www.justanswer.com/law/expert-marsha411jd/

Thank you.

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