How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask P. Simmons Your Own Question
P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 34276
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
Type Your Military Law Question Here...
P. Simmons is online now
A new question is answered every 9 seconds

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

Customer Question

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: 1 year ago.
Category: Military Law
Expert:  P. Simmons replied 1 year ago.

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

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.

Related Military Law Questions