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I received a BCD on 4/14/ 61, I never had a record or any

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I received a BCD on...
I received a BCD on 4/14/ 61 , I never had a record for assault or any thing , I did have a problem with certain NCO`s and had a couple instance of awol but not desertion.I would like to up grade to at least a general discharge, I am not after VA benefits I will be 75 on 1/23/ 16. even though I messed up I have always loved the Corps , and always will.
Submitted: 2 years ago.Category: Military Law
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12/8/2015
Military Lawyer: P. Simmons, Military Lawyer replied 2 years ago
P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 35,698
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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Hello! My name is ***** ***** I am a licensed attorney with more than 18 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help

Also, if you would like to chat on the phone, let me know and I can make that happen.

Marine, I am truly sorry for this dilemma.

It is possible to change the characterization of a discharge. You would file a request with the Naval discharge Review Board (NDRB). This is the form you use

http://www.dtic.mil/whs/directives/forms/eforms/dd0293.pdf

However, what you are describing you have an uphill battle. You have to prove either "error" or "injustice"

What you are describing? You went to a court marital. So you had the opportunity to present your case to the court and they decided to give the BCD. If you want to change that? You have to provide evidence that there was some error or unfairness in that process. After over 50 year? I suspect that may be tough to accomplish.

This 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 there is an easy way to do this, 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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P. Simmons
P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
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Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.

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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).

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