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Allen M., Esq.
Allen M., Esq., Lawyer
Category: Military Law
Satisfied Customers: 18790
Experience:  Lawyer and current JAG officer.
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Need to know if I can have a BCD discharge from the Navy in

Customer Question

Need to know if I can have a BCD discharge from the Navy in 1959 changed to a General Discharge.
Submitted: 22 days ago.
Category: Military Law
Expert:  Allen M., Esq. replied 22 days 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.

That will depend on what level of court martial issued it. If it came from a General Court martial, then no. There is no process to review a general court martial at this stage.

If it was issued by a Special court martial, empowered to adjudge a BCD, then it can be reviewed by filing a DD Form 149. That being said, you still would have to have shown that the discharge was given in error or was an injustice at the time you got it. There is no anticipated right to upgrade based on the passage of time.

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 three, a four or preferably a five star rating so that I receive credit for working with you today. Please rate me based on my service and not on your satisfaction with the law, which I am not in control of and I am just reporting to you. Also, feel free to request me in the future, if you have questions concerning a different matter.

Expert:  Allen M., Esq. replied 21 days ago.

Hello, I wanted to check in and make sure that there was not any additional information that you required after the response I previously provided to you. 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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