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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 38488
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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About 6 years ago I was discharged from the Army with a ch

Customer Question

About 6 years ago I was discharged from the Army with a ch 10 discharge, for AWOL, I turned myself in, and there where also something brought up about some papers in my fail being flusifuied by my recuriter, It was suppose to be invesagated but neaver was, I was informed by a sgt in the command that I was lieing about my recuriter and that if i ever said anything about it agine that They would personaly see that I go to prison, I was neaver allowed to talk to an atterny about this, I regrat what I did and would like to go back in, but would also lik to know if i can do anything to upgrade my discharge?
Submitted: 8 years ago.
Category: Military Law
Expert:  P. Simmons replied 8 years ago.
Thanks for the chance to help. I am an attorney with over 12 years military law experience.

You can, certainly it is possible to get an upgrade...but it is not an easy prospect.


The process is straightforward. You can begin the process here

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

There is also a very good overview of the process here

http://usmilitary.about.com/cs/generalinfo/a/dischargeupg.htm


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 process that was not addressed at the time, that would be a basis for upgrade.

So the issue about the recruiter and what the command did or did not do to you may have some impact...but the key question will be is if the Army gave you all the rights you were entitled to at the time the processed you for the Chapter.



You should start with a request of your records. You can request them here

http://www.archives.gov/st-louis/military-personnel/standard-form-180.html


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.


The one thing the lawyer can help with is organizing the information you have to put it into a "package" that will make it easy for the board to see your points. This can be a very valuable service.

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