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Marsha411JD, Lawyer
Category: Military Law
Satisfied Customers: 20296
Experience:  Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG
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I served from aug 27, 1970 until Dec. 4, 1972 in the U.S

Customer Question

I served from aug 27, 1970 until Dec. 4, 1972 in the U.S Army. I signed up to specifically go to Viet Nam, then was sent to Germany instead. I protested through the chain of command to no avail so I began to go AWOL in brief times in hopes they would transfer me to Nam. Instead iwas given a DD FORM 258A with a reenlistment code of RE-3 & 3B. Under reason and authority it is listed as AR 635-212 SPN 28B. I would like to know if there is any way I can up grade my discharge to the General I was promised?
Submitted: 1 year ago.
Category: Military Law
Expert:  Marsha411JD replied 1 year ago.


Thank you for the information and your question. Although you don't say specifically, I am assuming that your discharge states that your characterization of discharge is Other than Honorable, Undesirable, or something similar. If so, then although you can always submit a petition to the Army Board for Correction of Military Records, you would have a couple of hurdles to get past in order to be successful in your request.

The first is that there is a 15 year deadline for applying for an upgrade that can be waived by the Board but only if they find good cause for the delay. So, you would have to explain why your application was not sent within the 15 years. The next hurdle is actually the one you would have the most difficulty with. That is that the facts must show that the reason and/or the characterization of your discharge was made in error or was an injustice.

There is nothing in the facts that you shared that indicates anything that the Board would find fits this requirement. If you went UA more than once, the SPN code would fit. Your reason for going UA is not a defense to the UAs. In other words, going UA because a servicemember doesn't get the orders or location they want, is not defensible from a legal perspective. Again though, it is your right to apply and can find all the information you need, and the form, by going to the following link:

Please let me know if you need any clarification. If none is needed, if you could take a moment to leave a positive rating in the box above, I will receive credit for my work. Thank you.

Expert:  Marsha411JD replied 1 year ago.

Hello again,

I wanted to touch base with you and make sure that you did not have any follow up questions for me from the answer I provided to you on the 2nd. For some unknown reason, the Experts are not always getting replies or ratings (at the top of the question/answer page you are viewing or in the pop up box for this question), which is how we get credit(paid) for our work, that the customer thinks have gone through. In your case I received neither. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the Site administrator. Please note that Site useworks best while using a computer and using either Google Chrome or Firefox.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue, if needed. You can bookmark my page at:

Thank you.

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