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I need to try to get my bcd upgrade or a pardon job takes me…

I need to try to...
I need to try to get my bcd upgrade or a pardon for my job takes me to Canada at times the bcd was about 30 years ago what are the steps that I need to do and who should I contact to start it
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Answered in 4 minutes by:
2/11/2016
Allen M., Esq.
Category: Military Law
Satisfied Customers: 20,367
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.

Whether you can get this upgraded at all will depend on the court martial that gave this to you. If it was a general court martial, it can't be done. The military board of corrections can't review the determinations made by a general court martial, only a special court. If it was a special court martial, then you can certainly file a DD Form 149 with the record corrections board for your branch (found directly on the form itself). They can legally review, but you have to show that it was an injustice at the time you got that discharge status in order to get it upgraded. The passage of time, positive life changes or the impact on your current life are not relevant facts that they are allowed to consider. Only the accuracy/fairness of the discharge when given.

A pardon won't help with the discharge status, because not even the President can change a discharge status. The conviction could be removed, but the discharge status would remain unless changed by the DD Form 149 process.

To apply for a pardon, you have to file with the Department of Justice.

http://www.justice.gov/pardon/pardon-information-and-instructions

If you have any further questions, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a top-three rating so that I receive credit for working with you today. Also, feel free to request me in the future, if you have questions concerning a different matter.

Allen M., Esq.
Category: Military Law
Satisfied Customers: 20,367
Experience: Lawyer and current JAG officer.
Verified
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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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