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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 34303
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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I'm a Vet that received a Chapter 10 in lieu of a court martial

Customer Question

I'm a Vet that received a Chapter 10 in lieu of a court martial in 1983...I was suppose to leave services with my which my lawyer supposedly work do I upgrade other than honorable discharge now...
Submitted: 2 years ago.
Category: Military Law
Expert:  P. Simmons replied 2 years ago.
My name is***** have over 16 years experience in the law. Should you like to chat on the phone I am happy to for a nominal cost. Let me know at any time during our question and answer session if you are interested I am happy to give you more details. Sorry...i do not understand. Why do you believe you're eligible for an upgrade?
Customer: replied 2 years ago.
I was told that my discharge cold be upgrade in 3 years the time of my discharge
Expert:  P. Simmons replied 2 years ago.
Thank youSomeone gave you bad information. Either they were confused...or they were lying. There is a 3 year "window" regarding requests to upgrade a discharge. However, the 3 years relates to the timeframe when the request to correct the discharge must be filed. You have 3 years, from the time the error was discovered to request to the board of corrections to make the change.There is no "automatic" upgraded to characterization. Far from it. The rule requires that the person applying for an upgrade to the discharge provide clear evidence of "error" or "injustice"If you avoided a court martial by negotiating with the convening authority to take an OTH discharge? It is highly unlikely that you would be able to have that OTH changed. Again, the person who told you that you could was either confused, or outright lying.You can certainly make the request. You file this form the board of correctionsIf you can show that the current characterization is wrong because of an error that was made, or some "injustice" the board of corrections has the power to make the change. But as I explain, I think you have an uphill battleThis is the part of my job I don't like...when the law is not in favor of my customer. I wish I could tell you that this was as simple as making the request but I can only provide you information based on the law so that you can act on the best available information to you...I wish I had better news, but can only hope you recognize and understand my predicament and don't shoot the messenger. I'm sorry!Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

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