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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 34541
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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Hello, I was discharged (Under Honorable), from the USAF, in

Customer Question

Hello, I was discharged (Under Honorable), from the USAF, in 2003 Oct 22, for "misconduct"; it would have been an Honorable discharge, but I showed up late for duty the next day. I'm wondering what my options are for an upgrade to "Honorable".
Submitted: 4 years ago.
Category: Military Law
Expert:  P. Simmons replied 4 years ago.
Thanks for the chance to help. I am an attorney with over 12 years military law experience.

the largest hurdle you face is you are late. The window to appeal is 3 years. This happened long before that. So you have an uphill battle from the start.

Then, you have the hurdle of showing "error or injustice"

The only way the AF Board of Corrections will make the change is if you can show that you should have received an honorable discharge. If you were processed for misconduct, you will have an uphill battle to show that this was not sufficient to warrant a general discharge.

The problem is that the AF board uses what is called a "presumption of regularity". Basically, they assume that your command did everything correct. You have to prove otherwise. Unless you can prove it (prove error or injustice), they will not change the characterization.

Now...while it is an uphill battle, I am not going to tell you it is impossible. Such an opinion is beyond the scope of this forum. I can tell you that if the goal is to change the record, you would do well to have a lawyer assist. They can help you put the evidence together to make the best case to the board of corrections.


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