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Allen M., Esq.
Allen M., Esq., Lawyer
Category: Military Law
Satisfied Customers: 19169
Experience:  Lawyer and current JAG officer.
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I enlisted in the army i 1972 during viet nam era. I did basic

Customer Question

I enlisted in the army i 1972 during viet nam era. I did basic and ait in fort polk la.
I served in an engineering battalion in Germany up until 1974 reaching the rank of
E4 and to position of first cook. about 8 months from discharge i was put in a sting by company commanders clerk and was charged in a special court marshal and was given 6 months hard labor at ft Leavenworth reduction of rank to e1 and forfeit 2/3rds pay. the charge was possession and attempt sale of hashish. I have lived with that shame for 41 years with a bad conduct discharge. I know trying to upgrade is impossible and takes years. Is there any thing I can do to get some medical benefits as now I am 62 getting ready to retire.?
Submitted: 1 year ago.
Category: Military Law
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. I wanted to apologize for the delay. I think that your question presents a situation where the individual has to give bad news, so it is not pleasant to answer. In your situation, with a BCD, there is simply no way to obtain medical benefits of any sort without getting that discharge upgraded. As you well know, getting a discharge upgraded is exceedingly difficult. The passage of time is not a legal basis for an upgrade. What you've done since the discharge is also not a basis for upgrade. You have to show that the discharge, when given, was an injustice or an error. People still receive that level of discharge for a similar offense, so it's really difficult to call it either an error or an injustice. On the facts you've outlined, I do not see any method for you to do this. 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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