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How does a former air force member who was courtmartialed change…

How does a former air...

How does a former air force member who was courtmartialed change the dishonorable discharge? Would prefer that a service lawyer answer.

When someone asks how he feels about the military, he answers that he has the greatest respect for the military. "The military did not screw me, I screwed myself."

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Answered in 1 hour by:
6/17/2009
P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 37,243
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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Thanks for the chance to assist

Can you let me know a few things

1. Can you tell me the date of the Court Martial (year)? What was rank at the time?

2. What was the charge(s) convicted of?

3. What was the sentence? Did they receive a Bad Conduct or a Dishonorable Discharge?


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Customer reply replied 9 years ago

The year of the Court Martial was 2000 and his rank was E-5.

 

Charged with Rape of a child under 16 and indecent acts with same person.

 

He received 12 years and served 7. He received a Dishonorable Discharge.

 

To further explain my querstion, I am wondering if anything positive that he has done has done since has any bearing on changing the Dishonorable Discharge.

 

Also, is it to his advantage to hire a military lawyer to represent him in his request?

Thanks for the chance to assist


The process is straightforward. You can begin the process here

http://www.archives.gov/veterans/military-service-records/correcting-records.html

To be successful, you will need to demonstrate, under the circumstances, that an upgrade to the charachterization is the appropriate result in your case. Typically this would be done by showing that the result at the time was wrong for some reason...for example if there was some error in the court martial process that was not addressed on the record or in the appeals process.

The board will also consider your post service conduct, but this to a lesser degree than than your service conduct. So yes, his positive contributions will certainly help out. But if you can point to something in the process that was in error...it makes the package MUCH stronger

Unlike the urban legend, there is no "automatic upgrade" for discharges...in fact only a small percentage of requests are granted.

To have the greatest chance for success you should consider working with an attorney that can help you assemble the package you will submit. A google search under "military lawyer upgrade discharge" will net you several prospects...I would talk to several to see if one can be of help...but understand this is a long shot...beware of promises.

There are folks who will work with you and assist, and folks who will do all the work for you and the prices generally reflect.



BotXXXXX XXXXXne: Its possible but difficult to do. Best of luck



Please let me know if you have further questions; if so I will do my best to answer them. If not please hit the accept button, its the only way I get credit for my work.

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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 37,243
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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