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Was in usmc from 78-85. Honorable discharge. was reduced…

Was in usmc from...

Was in usmc from 78-85. Honorable discharge. was reduced from e5 to e4 njp back in 1984 in the usmc for a positive unrine test for drugs. Never did drugs in my life. Provided a polygraph showing same. Still reduced in rank. Now a retired cop and as a matter of my pride and dignity, would like this changed on my record. Is it possible?

Lawyer's Assistant: What are the underlying accusations? Was an Article 15 ruling made?

Article 15. Positive urine test for cocaine. Never did any drugs in my life.

Lawyer's Assistant: Are you overseas or stateside?

It's just been bothering me all these years

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No thanks that's it

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8/3/2017
Marsha411JD
Marsha411JD, Lawyer
Category: Military Law
Satisfied Customers: 20,614
Experience: Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG
Verified

Hello,

Thank you for the information and your question. Although you can certainly petition the Board for Correction of Naval Records, you would have some pretty major hurdles to overcome to obtain any change to your service record or DD 214. First, you would have the initial hurdle of overcoming the 15 year deadline for filing. Although the Board often does waive that rule, you will still have to explain why the delay and requesting the specific changes you are seeking.

The bigger hurdle and one that is not flexible, is that you would carry the burden of proof to show that the information you are wanting to change was made in "error" or was an "injustice." If you have the actual polygraph record that could help some but it wouldn't be absolutely determinative, since polygraphs are still not considered reliable enough for courts. But, from an administrative standpoint, it would be one piece of the puzzle.

You might be best served by hiring a military law firm (former JAGS that have military law practices) to assist you with your petition as they might be able to find precedent or something in your records to help you. If you want to handle this on your own or find more information, including the correct form to use, please go to the following link for the Board: http://www.secnav.navy.mil/mra/bcnr/Pages/home.aspx

Please feel free to ask for clarification if needed. If none is needed, then if you could take a moment to leave a positive rating in the ratings box on this page of my efforts to discuss the law as it relates to your issue, then the Site will give me credit for assisting you today. Thank you

Marsha411JD
Marsha411JD, Lawyer
Category: Military Law
Satisfied Customers: 20,614
Experience: Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG
Verified
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