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Allen M., Esq.
Allen M., Esq., Lawyer
Category: Military Law
Satisfied Customers: 19176
Experience:  Lawyer and current JAG officer.
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Can a desertion charge be removed if a military court received

Customer Question

Can a desertion charge be removed if a military court received the proper paperwork asking for an expungement, I have paperwork that has been sent to the Navy Discharge Review Board to take me from OTH to general under honorable and I've asked the RE code be changed from a 4 to anything else. What options do I have and I'd like to talk over the phone.
Submitted: 1 year ago.
Category: Military Law
Customer: replied 1 year ago.
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Expert:  Allen M., Esq. replied 1 year ago.
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. You've asked for a lot of things to be changed, and the issue here is that no one entity can do all of those things. The Discharge review board can certainly change an OTH to a General discharge. However, for them to do so, you have to prove that the discharge you received (at the time you received it) was given in error or it was an injustice to give you that discharge status. You haven't really stated what evidence you have to support either of those theories. You have to do more than just submit paperwork, because the upgrade is not automatic. You bear the burden of proving that the discharge was incorrectly or unjustly given. Now, that discharge upgrade board can't change an RE code. For that, you have to file with the DD Form 149 military records corrections board. Again though, to have the RE code changed, you have to prove that the code was an error or an injustice at the time given. Finally, you mentioned a "charge" which suggests a court martial conviction. Neither board can remove a court martial conviction. There is no expungement process for military level criminal convictions, only the pardon process through the Department of Justice. 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.
Expert:  Allen M., Esq. replied 1 year 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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