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I received a bcd after my second time. I would like to try…

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I received a bcd after...
I received a bcd after my second time. I would like to try to get ths upgraded to a general discharge
Submitted: 2 years ago.Category: Military Law
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1/23/2016
Military Lawyer: Allen M., Esq., Lawyer replied 2 years ago
Allen M., Esq.
Category: Military Law
Satisfied Customers: 20,475
Experience: Lawyer and current JAG officer.
Verified

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance.

I have a few questions that will help me better assist you today.

At what level was the court martial that gave you this BCD? A general court martial or a special court martial empowered to grant a BCD?

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Customer reply replied 2 years ago
General court martial
Military Lawyer: Allen M., Esq., Lawyer replied 2 years ago

Ok. Unfortunately, the upgrade method for discharges is not permitted to review general court martials, only special courts, so you can't use the DD Form 293 discharge review board.

To change the status of a general court martial discharge you have to go through the military records corrections board using a DD FOrm 149. Discharges are not intended to be upgraded after the passing of time or based on positive life changes since separation. Instead, you have to prove that the discharge you were given, at the time it was given, was incorrect or an injustice. This is a very high standard and very few separations are ever upgraded.

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Military Lawyer: Allen M., Esq., Lawyer replied 2 years ago

Hello, I wanted to check in and make sure that there was not any additional information that you required. If you need further assistance, please use REPLY and ask me for any additional information you may need. If not, take care and have a great day.

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