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Marsha411JD
Marsha411JD, Lawyer
Category: Military Law
Satisfied Customers: 20225
Experience:  Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG
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How do I change my disharge status from OTH from back in 1992

Customer Question

How do I change my disharge status from OTH from back in 1992 to Generl or Honorable now in 2015??
Also how do I change my RE code from a 4 to a 1?
Submitted: 2 years ago.
Category: Military Law
Expert:  Marsha411JD replied 2 years ago.
Hello,
Thank you for your question. In order to assist you though I need some additional information. First, what "path" were you advised and what steps did you take to attempt to obtain your upgrade? Also, do you have proof that your discharge characterization was issue in "error" or was an "injustice?"
Customer: replied 2 years ago.
When I was discharged from the Navy back in oct 1992 for misconduct, pattern misconduct, I was given the discharge of Other than honorable, but since then i am much older and a lot more mature with a family and level headed compared to 1992 being young and dumb with not much guidance in the Navy. I was told that this type of discharge pattern is now labeled as a general discharge, I would like to change my status from OTH to actually Honorable. I am applying to a Aviation Academy for school and on my DD214 I need the OTH changed to either General or Honorable.. Please help
Expert:  Marsha411JD replied 2 years ago.
Hello again and thank you for your response, however, I still need to know what "path" you were previously advised to take and why you say it was not correct.
Customer: replied 2 years ago.
I have filled out paperwork via what Navy records told me to do a few years ago, but after submitting that paperwork I never received any details after all this time, I was told in a verbal conversation from a Navy record person that it takes about a year to a year in a half for the discharge to be changed and then once this done then I could focus on changing my RE code from a 4 to a 1
Customer: replied 2 years ago.
Im literally at the beginning on what and how to get these things changed
Customer: replied 2 years ago.
I would like to know what actual documents I need to fill out to submit to the US Government for this process to get started and also I would like to know if my actual old previous discharge status has actually been updated with out my knowledge.. Please help
Customer: replied 2 years ago.
you there???
Expert:  Marsha411JD replied 2 years ago.
Alright, well sorry for the confusion but you stated in your question that the Navy told you to take a certain "path" to accomplish this and they were wrong. Therefore, I was merely trying to make sure that I didn't duplicate what they told you and waste both of our times.
But to address the issue at hand. You have the right to file a petition for an upgrade and change in RE code to the Board for Correction of Naval Records. That is your only option. Unfortunately though it is highly unlikely that you will be successful with an upgrade to Honorable if the misconduct in your records was correct. In addition, it is almost as unlikely that you would receive an upgrade to a General under Honorable conditions.
There are a few reasons for this but first I want to dispel the incorrect information that someone gave you about a pattern of misconduct discharge. They are still generally processed as OTH. There might be some circumstances where the servicemember is otherwise a top performer or because the Command doesn't want to take the time to give the member a Board, when the Command might just say OK, let's go with a General, but those are not a regulatory or practice norm.
The other reason why this upgrade is unlikely is because in order to grant the upgrade the Board must decide that the discharge or characterization was an "error" or an "injustice." Living a good life since leaving the military is not, unfortunately, a basis they use for making upgrades.
But again, you have a right to pursue this. If this is really important to you I would suggest that you hire an military law attorney (you can find them by either contacting your State Bar Association Lawyer Referral Service or by doing a Google check) to assist you in this petition. They know, based on all of your facts, what might work and what won't in a petition.
To start your efforts though you can go to the Board's website and read their information and download the form you will need by going to: http://www.secnav.navy.mil/mra/bcnr/Pages/default.aspx
Please let me know if you need any clarification. I would be glad to assist you further if I can.
Customer: replied 2 years ago.
Thank you so very much for all your help
Expert:  Marsha411JD replied 2 years ago.
You're welcome and I wish the best to you.

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