Military Law

Have military law questions? Ask a military lawyer.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

I was wondering if it was possible to get my DD214 character…

I was wondering if it...
I was wondering if it was possible to get my DD214 character changed from misconduct and honorable instead of under honorable conditions. I was discharged 09/09/1999
Show More
Show Less
Ask Your Own Military Law Question
Answered in 30 minutes by:
12/13/2014
Allen M., Esq.
Category: Military Law
Satisfied Customers: 20,572
Experience: Lawyer and current JAG officer.
Verified
Hello, my name is ***** ***** I look forward to assisting you today. I bring nearly 20 years of experience in various legal disciplines, including JAG.
It is legally possible, but not simple. You have exceeded the 15 year discharge upgrade board time frame, so that hurts your case.
To use the DD Form 293 board, you have to start within 15 years of your discharge date.
You still have open to you the DD Form 149 board, however, there are problems with that.
First, they apply a three year rule, meaning that you have to apply for a change to your record (it is the records corrections board) within 3 years of discovering the issue that you are filing about. Now, they can and do waive that requirement, but it is a potential obstacle. You've known about your discharge for 15 years so they may choose not to allow the appeal to them, but they can choose to if your argument is strong enough.
This brings us to the second issue with the military records corrections board. Upgrading a discharge is not something that is supposed to happen. It was not ever legally contemplated that after a certain amount of time, people would be eligible for or entitled to an upgrade. This is, unfortunately, different than what many people are told when they leave the service. So, positive life changes and the passage of time aren't legally relevant. How the discharge may be effecting you now, in terms of lost benefits and opportunities is also not legally part of the equation. Discharges are upgraded in one of two circumstance.
1. If you can show that the discharge you received was given in error. What this means is that you have to prove that you were supposed to receive a certain discharge status, but there was a mistake. So, a person that was being discharged for a mental disorder should only be able to get an Honorable. Giving less than that raises a major question about an error. Another example is my own discharge, where I left early for college (a 5-16) and the number was put down incorrectly for a personality disorder separation (5-17) and nearly kept me from returning to the service. That's an error. A general discharge (which is what you appear to have gotten) is available for a misconduct separation, so that's not a legal error. In fact, it's the better disposition of the possible characterizations, one of them being Other than Honorable.
2. An injustice. Here you have to prove that the basis for your discharge was false or that there was severely unfair treatment, based on some personal bias or illegal form of discrimination which led to unnecessarily harsh treatment. Seeing that you got a General discharge, the better of the two possible outcomes in a misconduct separation, it's not possible to show overly harsh punishment here. You have to attack the actual basis for the separation itself, with some proof that you didn't commit the alleged offense/offenses.
Allen M., Esq.
Category: Military Law
Satisfied Customers: 20,572
Experience: Lawyer and current JAG officer.
Verified
Allen M., Esq. and 87 other Military Law Specialists are ready to help you
Ask your own question now
Customer reply replied 3 years ago

This is unfortunate, I am probably a couple months to a year to late, thank you for your time.

No problem. Take care. I do wish I could have given a more favorable answer.
Ask Your Own Military Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a military lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Allen M., Esq. Your Own Question
Allen M., Esq.
Allen M., Esq.
Allen M., Esq., Lawyer
Category: Military Law
Satisfied Customers: 20,572
20,572 Satisfied Customers
Experience: Lawyer and current JAG officer.

Allen M., Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

P. Simmons

P. Simmons

Military Lawyer

15,273 satisfied customers

Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.

Allen M., Esq.

Allen M., Esq.

Lawyer

20,572 satisfied customers

Lawyer and current JAG officer.

Marsha411JD

Marsha411JD

Lawyer

1,926 satisfied customers

Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG

LawHelpNow

LawHelpNow

Attorney/Lawyer

223 satisfied customers

Relax. Let's work together. Practical solutions.

rcampione

rcampione

Military Lawyer

187 satisfied customers

Military lawyer - 5 years to the present

JAG Defense

JAG Defense

Military Lawyer

124 satisfied customers

CAPT, JAGC, USN (Retired); Former Military Judge; Specializing in Security Clearance Adjudications

Paul

Paul

Lawyer

48 satisfied customers

Oklahoma lawyer. Over 10 years in the military.

< Previous | Next >

Related Military Law Questions
My deceased brother was discharged from the U.S. Air Force
My deceased brother was discharged from the U.S. Air Force before the completion of his third re-enlistment. The reason cited on his DD214 is "Chap 2, Sec A, AFM 39-12." The character of service is li… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
1,926 satisfied customers
Can the national guard downgrade my active duty honorable
Can the national guard downgrade my active duty honorable dd214? … read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
15,273 satisfied customers
My brother was discharged from the Navy with a DD214 stating
My brother was discharged from the Navy with a DD214 stating that his discharge was other than honorable. Reference Article C-10311 BuPers Manual -28B-, is that something that is specific?… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
15,273 satisfied customers
I have received an Honorable Discharge from Active Duty Basic
I have received an Honorable Discharge from Active Duty Basic Training and AIT. My DD 214 States Honorable Discharge from Active Duty. After Active Duty I was sent to a Reserve unit which transferred … read more
Allen M., Esq.
Allen M., Esq.
Lawyer
Juris Doctor, Cum Laude
20,572 satisfied customers
How can I get my re entry code of 2b from the air force upgraded
How can I get my 're entry code of 2b from the air force upgraded so I may enlist again. I went in Feb. 1997, got out October 1997 with a general under honorable conditions discharge. Separationcode J… read more
Allen M., Esq.
Allen M., Esq.
Lawyer
Juris Doctor, Cum Laude
20,572 satisfied customers
i was discharged 23 april 1980 general discharge under honorable
i was discharged 23 april 1980 general discharge under honorable conditions recently requested a copy dd214 it read other than honorable was basically looked like a bad conduct discharge was wondering… read more
Allen M., Esq.
Allen M., Esq.
Lawyer
Juris Doctor, Cum Laude
20,572 satisfied customers
I was discharged from the navy in 2000. I joined in 1995. Characterization
I was discharged from the navy in 2000. I joined in 1995. Characterization of service was general. I was wondering if i might qualify for any VA benifets.… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
15,273 satisfied customers
Hi psimmons My situation is I am now a IRR Reservists who
Hi psimmons My situation is I am now a IRR Reservists who receiving 60% VA disability for injuries in theater. I received an honorable DD214 for that 16 month active duty time and my disability rating… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
15,273 satisfied customers
I resigned from a service academy in lieu of trial for a positive
I resigned from a service academy in lieu of trial for a positive urinalysis test. I received a general discharge under honorable conditions. I had a great record. I had a 3.2 GPA. I was in accelerate… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
15,273 satisfied customers
My daughter is about to marry a former Army E4. His DD214 says
My daughter is about to marry a former Army E4. His DD214 says that he has a "Conditional" Honorable Discharge. In all the DD214's that I have read as an employer this is the first time I have encount… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
15,273 satisfied customers
I just noticed that on my DD214 for separation authority it
I just noticed that on my DD214 for separation authority it says AR 635-200, chapter 16 para 16-5 (b) and the code is KGF. I was never overseas all I know is that my Staff Srgt did not like women or m… read more
PhilCave
PhilCave
Attorney
Post-Doctoral Degree
1,069 satisfied customers
My son recieved a general discharge (UNDER HONORABLE CONDITIONS)
My son recieved a general discharge (UNDER HONORABLE CONDITIONS) for malingering through a captians mast 16 July 07 we have appealed it to the discharge review board with a negative out come. We are t… read more
Allen M., Esq.
Allen M., Esq.
Lawyer
Juris Doctor, Cum Laude
20,572 satisfied customers
My wife was discharged in the late 70s or early 80s with
My wife was discharged in the late 70's or early 80's with a general discharge under honorable conditions. She is wondering if she can appeal now to have that changed to an Honorable Discharge?… read more
PhilCave
PhilCave
Attorney
Post-Doctoral Degree
1,069 satisfied customers
Can i get a VA loan if I was discharged and the character of
Can i get a VA loan if I was discharged and the character of service shows under honorable conditions. My separation code on my dd214 shows JHJ and the narrative reasons for separation shows unsatisfa… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
15,273 satisfied customers
I am a 2nd LT in the Army who was accused of buying a girls
I am a 2nd LT in the Army who was accused of buying a girl's night off at a hostess bar in Korea. I received a 2-star letter of reprimand, a Show of Cause form, submitted a request for discharge in li… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
15,273 satisfied customers
Through the process of attempting to utilize his Post 9/11
Through the process of attempting to utilize his Post 9/11 GI Bill, my husband was informed his time as active duty in the Army (including time in Iraq) would not be eligible because his DD214 states … read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
15,273 satisfied customers
hello i signed a contract for 3 years with army active duty
hello i signed a contract for 3 years with army active duty but i had a friend look at the contract and in it it said that i had no prior service but i was a national guardsman he told me that was a f… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
15,273 satisfied customers
I have a under honorable Conditions discharge from the Marine
I have a under "honorable Conditions" discharge from the Marine Corps. I served 4 years. I applied to the NYPD, passed the physical, passed the psychological and was waiting for my exceptance letter. … read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
15,273 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x