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Peter Griesch
Peter Griesch,
Category: Military Law
Satisfied Customers: 324
Experience:  Tax Counsel at AIG, Inc.
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I received a dishonorable discharge was given 18 months and

Customer Question

I received a dishonorable discharge for assault was given 18 months and a dishonorable discharge but before my sentence was completed the Secretary of the Army reinstated me and allowed me to reenlist back in the Army I received 2 honorable discharges and also served in Desert Storm received many awards and was even promoted to Sgt does my honorable discharges override my dishonorable discharge
Submitted: 1 year ago.
Category: Military Law
Expert:  N Cal Atty replied 1 year ago.

Thank you for your question.

Yes, the most recent discharge controls, see section D of

http://www.vba.va.gov/ro/cleveland/26-1880.pdf

I hope this information is helpful.

Customer: replied 1 year ago.
You didn't answer my question entirely the dishonorable discharge I'm prohibited from having fire arms . But I went to Desert Storm and carried a weapon in fact I was Supply personified charge of the arms room. Now they say I can't have weapon cause of a dishonorable discharge. How was able to reenlist with a Re-4 code when it's impossible you can't even get a waiver. Unless there is a change in discharge. I was even given back rank my choice of new mos and place of duty. I'm I missing something
Expert:  N Cal Atty replied 1 year ago.

I am sorry I misunderstood the question as referring to VA benefits.

18 U.S. Code § 922(d)(6), posted at

https://www.law.cornell.edu/uscode/text/18/922#fn002066-ref

refers to a person "who  has been discharged from the Armed Forces under dishonorable conditions"

I am going to opt out of this question and hopefully one of the Experts with better research facilities can assist you.

Expert:  Peter Griesch replied 1 year ago.

The honorable discharges would not "trump" the dishonorable, unfortunately. A person may have served at different times, in different branches, or even the same branch, and receive multiple discharges.

Your court-martial conviction, sentence, and category of discharge stand, unless overturned by appeal by a military or civilian court.

Your time to appeal to a military court would have expired by now.

You may apply to the Department of the Army for relief...either upgrade of your discharge, or reinstatement of certain benefits. It will not be an easy battle.

If there are monetary benefits that you have been denied because of the discharge you received, you may also sue the Army in the US Court of Federal Claims.

The above being said, the likelihood of your success, unfortunately, is very low. The Army screwed up, and should not have allowed you to 're-enlist. Hopefully, they will see that they are at fault, honor your honorable portion of service, and do the right thing...even though not legally bound to do so.

Best of luck. I'm sorry you're in this predicament.

Pete

Expert:  Peter Griesch replied 1 year ago.

Do you have any additional questions? If not, when you have a chance, would you please rate me? I do not receive any credit for my response until I am rated.

Thanks, ***** ***** let me know if I may be of further assistance.

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