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Allen M., Esq.
Allen M., Esq., Lawyer
Category: Military Law
Satisfied Customers: 19313
Experience:  Lawyer and current JAG officer.
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I recieved a general discharge under less than honorable conditions

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I recieved a general discharge under less than honorable conditions for non participation in tha Alabama Army National Guard in 1990. While I was in active duty training my unit change my status to a non high school graduate and bumped me out of my spot. This cancelled my enlistment bonus(whicj I never recived). Also, i was in a special forces unit who had just recieved gortex field gear. I was told that I had to sign for this gear but I had to leave it at my guard unit. When I refused to sign for the gear beacuse I had to leave the gear with them my signature was forged and the gear was stolen. When the Army tried to make me pay for the gear I went to the Inspector General in Montgomery, who determined that the signature was a forgery. Next I was asked to to pick up food with an NCO who outranked me at lunch during drill and while we were on the way he threatened to assault me. After that I never went back. I later tranfered to another unit but I never felt confortble in the guard again and I regretfully just stopped going. My question is: Do I have grounds to have my discharge upgraded to anything other than other than honorable?
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Certainly you do. Those are sufficient grounds to make an argument by DD Form 293 request. Unfortunately, the time period for making that upgrade request has passed. You only have 15 years following a discharge to seek upgrade.

You'll have to go the much harder route by filing a DD Form 149 with the military records corrections office. They can upgrade your discharge if you are able to show that the original discharge was an injustice. That's harder to establish, but you still have a better claim that most make for this type of upgrade.
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