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Gerald, Esq
Gerald, Esq, Lawyer
Category: Military Law
Satisfied Customers: 2872
Experience:  30 years of experience
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I'm looking at a discharge from the Marine Corps from 1975

Customer Question

I'm looking at a discharge from the Marine Corps from 1975 DD 214 MC discharge other than honorable conditions. Still not sure what this exactly means? Disqualified from any benefits etc. Can't seem to tell if another code is on here.
Submitted: 11 months ago.
Category: Military Law
Expert:  Gerald, Esq replied 11 months ago.

Hello:

Thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow up questions you have.

I am an attorney with 30 years of experience, including exprience with the DoD. I hope to provide you information that will help you in resolving your question.

A discharge under other than honorable conditions (OTH) is a disciplinary discharge. It is issued for any number of reasons pertaining to the Marines inability to meet the requirements of service. Some of those reasons can be fairly serious, and some less so. It is difficult to say without seeing the file. The Marine in question can obtain the file through a Privacy Act request to the Marines.

Generally, an OTH can effect eligibility for benefits, but not always.

The following links discuss this issue in greater detail and will give you a good basic understanding of the matter:

http://usmilitary.about.com/od/justicelawlegislation/l/aadischarge1.htm

http://www.swords-to-plowshares.org/2012/09/27/va-character-of-service-determination-an-alternative-to-discharge-review/

The first step is to file a Privacy Act request (NOT a FOIA request) to the Marines. The Marine in question must be the one to request that. He is looking to get his own file.

This link will help with that process:

http://www.hqmc.marines.mil/igmc/Resources/FOIAPrivacyAct.aspx

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Good luck,

Please note: Information given is not legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

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