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Allen M., Esq.
Allen M., Esq., Lawyer
Category: Military Law
Satisfied Customers: 18814
Experience:  Lawyer and current JAG officer.
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I was discharged under honorable conditions, i have 86%

Customer Question

i was discharged under honorable conditions, i have 86% service related disability serious depression, and i have tried to get my discharge upgraded and have been unsuccessful can you help
Submitted: 9 months ago.
Category: Military Law
Expert:  Allen M., Esq. replied 9 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.

If you are asking if we can represent you in some way, no we cannot. We just respond to questions. If you want counsel, you can try www.martindale.com or ww.avvo.com to find military law attorneys that can represent people.

That being said, you haven't really stated here what the basis for your upgrade to a discharge would be. Getting a discharge upgraded is exceedingly difficult. This has nothing to do with you personally or your particular situation. It's also not a difficulty due to the process itself. The process is rather simple. You either file a DD Form 293 (as you have already done) or a DD Form 149 with the appropriate board.

The problem is that the standard for getting a discharge upgraded is so incredibly high. You have to prove that the discharge, at the time it was given, was an injustice or an error. Things like positive life changes, the hardship of having less than an honorable discharge, the passage of time...none of those are legally relevant factors. They only consider whether or not the original characterization was an error or an injustice. These discharges were intended to be permanent, so they are only changed under the gravest of circumstances.

If you're still waiting on something that you've already sent out, 8 months is not really that long for this process. It can take years to accomplish, for the very few that manage it.

If you have any further questions, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a top-three rating so that I receive credit for working with you today. Also, feel free to request me in the future, if you have questions concerning a different matter.

Expert:  Allen M., Esq. replied 9 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.

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