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Marsha411JD, Lawyer
Category: Military Law
Satisfied Customers: 19690
Experience:  Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG
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I would like to upgrade my discharge I am a Vietnam Vet .I

Customer Question

I would like to upgrade my discharge I am a Vietnam Vet .I have been treated for PTSD since 2000--I would like to know where to begin
JA: Because laws vary from state to state, could you tell me what state is this in?
Customer: Arizona
JA: Have you talked to a lawyer yet?
Customer: one 5yrs ago--he was disbarred
JA: Anything else you think the lawyer should know?
Customer: I don't have much time left I was diagnosed with prostate cancer in 2012--I'm living with a ticking time bomb
Submitted: 3 months ago.
Category: Military Law
Expert:  Marsha411JD replied 3 months ago.


Thank you for the information and your question, you now have a live Military Expert writing you and not the Site auto response. In order to assist you though I will need some additional information. What was the characterization of your discharge, your separation code (3 letter), the narrative reason for your discharge at the bottom of your copy of the DD-214 (or equivalent), and what service were you in? Is there a particular reason you are now seeking an upgrade? Who are you receiving medical care from, the VA?

Customer: replied 3 months ago.
less than honorable--DD258a--army--for the good of the service--private va has denied any benifits until I upgrade
Customer: replied 3 months ago.
I won't have enough money until next week ss check can I call you then?
Expert:  Marsha411JD replied 3 months ago.

No need for a phone call if that is what you are referring to. That is the Site (I don't work directly for them) soliciting a phone call, which is unnecessary. I am working on your answer now. It will take just a few minutes and I will respond.

Expert:  Marsha411JD replied 3 months ago.

Alright here is your information. You can submit an application for an upgrade to the Army Board for Corrections of Military Records. That will be on a form DD 149. The link below will take you to their Site where they have the form, information about the process, and FAQ. I have to tell you though that you have a few hurdles that are difficult to get over for success in your application. First, you have to have a good reason why you waited so long to apply, since the window is usually closed at 15 years post discharge. The bigger hurdle is that you have to have evidence that your discharge characterization was made in "error" or was "unjust." You carry the burden to prove one or both of those factors.

You can, if you choose, find a local or national practice Military Law firm that handles upgrade cases to assist you, but unless they are taking pro bono cases, it can be expensive. Otherwise, you can enlist the help of a local Veterans' group who have qualified people that might be able to help you put together your application. This is the link to all of the information you will need:

This is the link to the FAQ:

Please feel free to ask for clarification if needed. If none is needed, then if you could take a moment to leave a positive feedback in the box above, I will receive credit for assisting you today. Thank you

Expert:  Marsha411JD replied 2 months 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 29th. For some 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 by the Site) for our work, that the customer thinks have gone through. In your case I received neither.

Please keep in mind that I cannot control the law or your circumstances, and am ethically bound to provide you with accurate information based on the facts you give me even if the news is not good. 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:

Thank you.

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