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I received a BCD in a. Kurt martial back more than 30 yrs…

I received a BCD...

I received a BCD in a. Kurt martial back more than 30 yrs ago can I get it upgraded or is it a waste of time

Lawyer's Assistant: Are you overseas or stateside?

Over seas when I got discharge did 6 months @but I am in nj fort Riley Kansas

Lawyer's Assistant: Have you talked to anyone in the chain of command about this?

No don't know where any of them are this was in 1982-83

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

I haven't been I. Any kind of trouble since raised 2 collage grad one chef one veteran I enjoyed the service and really believe I was made an example of I should have been re-trained they never called any of the caricatures witnesses all the E6and above told me after the hearing they would have suggested re training

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Answered in 2 hours by:
11/14/2017
P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 37,506
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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Hi, My name is***** am an attorney with over 16 years experience. Hopefully I can help you with your legal question.

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I am sorry for this dilemma. But not sure I understand your specific question.

You ask

can I get it upgraded or is it a waste of time

That depends...on many factors.

What is your basis for a change to this record?

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Customer reply replied 8 months ago
Would like to get a va mortgage and it seem that with a BCD I may be ineligible
Customer reply replied 8 months ago
Plus I would just like to have it changed to general discharge doubt I will get honorable or general under honorable

I understand...but what is the basis for the request? Was there some error in the process that led to the BCD?

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Customer reply replied 8 months ago
I guess not I was threatened into a plea bargain they loaded the charges to helping someone obtian mara in the hash form to help his family out told me a sob story about money problems with his family back in the states I also introduced him to a German resident citizen who could supply him he was a CID informant then I got turned into a so called dealer since the plea I probably don't have a foot to stand on here huh?

Thank you

Is it possible to modify a DD214 (to "upgrade" it from "BCD" to "General")? Certainly. That is possible.

The Board of Corrections for Military Records can do this.

However, it is by no means automatic...

In order to grant an "upgrade" the board of corrections will require the applicant provide evidence of "error or injustice". Only when provided with compelling evidence of error or injustice will the board of corrections make a change to a military record. The board of corrections grants the military with a "presumption of regularity"...basically they presume the record is correct. The burden to rebut that presumption is on the applicant.

So...if you want to change your record? You have to prove there is an error in the record. For example, if they discharged you improperly AND you can prove it? That would be a basis for upgrade.

But unless you have such evidence, the board is not going to make any changes to your record.

I am very sorry to have to bear bad news.

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

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Hi
Experts on this site (myself) are compensated ONLY if the customer (yourself) "rate" or "accept" the answer.

Do you have more questions regarding this?

Thanks for your understanding
Phil

P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 37,506
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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