How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Allen M., Esq. Your Own Question
Allen M., Esq.
Allen M., Esq., Lawyer
Category: Military Law
Satisfied Customers: 18808
Experience:  Lawyer and current JAG officer.
20011183
Type Your Military Law Question Here...
Allen M., Esq. is online now
A new question is answered every 9 seconds

I received a bcd after my second time. I would like to try

Customer Question

I received a bcd after my second time. I would like to try to get ths upgraded to a general discharge
Submitted: 10 months ago.
Category: Military Law
Expert:  Allen M., Esq. replied 10 months ago.

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance.

I have a few questions that will help me better assist you today.

At what level was the court martial that gave you this BCD? A general court martial or a special court martial empowered to grant a BCD?

Customer: replied 10 months ago.
General court martial
Expert:  Allen M., Esq. replied 10 months ago.

Ok. Unfortunately, the upgrade method for discharges is not permitted to review general court martials, only special courts, so you can't use the DD Form 293 discharge review board.

To change the status of a general court martial discharge you have to go through the military records corrections board using a DD FOrm 149. Discharges are not intended to be upgraded after the passing of time or based on positive life changes since separation. Instead, you have to prove that the discharge you were given, at the time it was given, was incorrect or an injustice. This is a very high standard and very few separations are ever upgraded.

Expert:  Allen M., Esq. replied 10 months ago.

Hello, I wanted to check in and make sure that there was not any additional information that you required. If you need further assistance, please use REPLY and ask me for any additional information you may need. If not, take care and have a great day.

Related Military Law Questions