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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 34285
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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My father was discharged from the Army with an undesirable

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My father was discharged from the Army with an undesirable discharge in 1957. He first enlisted in 1952, served in the Korean War, and when his first term was up he re-enlisted in 1955. Then in 1957 was his undesirable discharge. Are there any benefits for this discharge?
Customer: replied 8 years ago.



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This is my first attempt at getting an answer for my dad. He is now 76 years old, and getting discharged from the Army is a regret I know that bothers him dearly. The discharge was after some stupid mistakes he made, his side of the story is interesting, and I would love to find out if there is a way to get it reversed before he passes away. It would be wonderful to be able to recognize a man that did serve our country in the Korean War. I do not know where else to seek this info. It is amazing how your introspect changes when life is coming to an end.
Thanks for the chance to assist

Currently there is no longer an "undesirable" discharge. That has been replaced by the "general, under honorable conditions" and the "other than honorable discharge" both of which are less favorable than an honorable discharge.

It is possible to have the characterization of the discharge reviewed and upgraded. For the Army, the agency responsible for this activity can be found here: http://arba.army.pentagon.mil/

Now, there are some hurdles you face.

1. The law says that application for review must be filed within 3 years, but that the board can extend this if for good cause. This should not stop you from applying, but its important to understand this and to address in your application. If you articulate a good reason why it has taken so long...and I submit that if your father did not know if the availability of this that may be enough....then the board will consider the application.

2. You have to demonstrate the, under all the surrounding circumstances, the characterization (undesirable) is not appropriate. Ideally this should focus on the events leading up to the discharge including the process (and if your fathers rights were violated at all). However, it can also include events after the fact...such as your fathers good conduct afterwards.


If you want to apply, I recommend you seek the assistance an attorney that specializes in this area. They can be of a great help in helping to assemble your application.




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