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I️ would like to get info on upgrading my discharge.

Customer Question
I️ would like to...

I️ would like to get info on upgrading my discharge

Lawyer's Assistant: Are you overseas or stateside?

Stateside

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

I’ve been out for 3 months now I️ received a civilian dui shortly after my friend committed suicide which was thrown out in civilian court and I was also accuse of rape which was proven false by OSI I was given an LOR for “unbecoming if an NCO”, no article 15’s only lors for all incidents and later I️ was given a service connected disability rating of 50% for manic depressive disorder

Lawyer's Assistant: I'm sorry if I'm reading you wrong here, but it seems as though you might be considering committing suicide or hurting yourself. Am I right?

No

Lawyer's Assistant: Okay. Let's try this again. How can I help you? Anything else you want the lawyer to know before I connect you?

My friend committed suicide a day after he tried to reach out to me. I believe i was not discharged fairly. All incidents happened within a 6mo span shortly after my commander was counciled for basically favoring airmen over senior nco’s. Those same Nco’s attempted to cover 3 separate incidents of some unknown individuals hanging nooses in our work area.

Submitted: 7 months ago.Category: Military Law
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Answered in 5 hours by:
11/27/2017
Military Lawyer: Marsha411JD, Lawyer replied 7 months ago
Marsha411JD
Marsha411JD, Lawyer
Category: Military Law
Satisfied Customers: 20,919
Experience: Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG
Verified

Hello,

Thank you for the information. I assume that you are asking about the process to request an upgrade to your discharge. You don't state what the characterization of your discharge was, but that isn't necessary for me to provide the information you needed.

In order to qualify for an upgrade, or any other change you are requesting to your DD-214 and records, you will have to present evidence that supports the conclusion that your discharge was issued in "error" or was a legal "injustice." For obvious reasons, which include the fact that I don't have all of the facts, including those from the Command's perspective, and because I am not your attorney, I can't guess whether or not you have enough evidence to sway the Air Force Discharge Review Board.

You may want to consider hiring a civilian attorney who specializes in military legal issues (post-service issues), of which there are many listed online, to help you with your petition as they are uniquely qualified to know what will and won't work with the Board in terms of evidence and arguments. But, you don't have to have an attorney. If you choose to do this on your own, the following link will take you to the form you will need to file and also tells you a bit about the process: http://www.afpc.af.mil/Air-Force-Discharge-Review-Board/

Please feel free to ask for clarification about the process if needed. If none is needed, then if you could take a moment to let me know that I covered your question by replying to this answer and also leave a positive rating in the ratings box on this page of my efforts to provide the information relevant to what you are wanting to do, then the Site will give me credit for assisting you today. Thank you

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Military Lawyer: Marsha411JD, Lawyer replied 7 months ago

Hello again,

I wanted to touch base with you and make sure that you did not have any follow up questions for me from the answer I provided to you on the 27th. For some reason, the Experts are not always getting replies or ratings (at the top of the question/answer page you are viewing or in the pop up box for this question), which is how we get credit (paid by the Site) for our work, that the customer thinks have gone through. In your case I received neither.

Please keep in mind that I cannot control the law or your circumstances, and am ethically bound to provide you with accurate information based on the facts you give me even if the news is not good. If you are having technical difficulties with reading, replying or rating,please let me know so that I can inform the Site administrator. Please note that Site use works best while using a computer and using either Google Chrome or Firefox.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue, if needed. You can bookmark my page at: http://www.justanswer.com/law/expert-marsha411jd/

Thank you.

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Customer reply replied 7 months ago
I received general under honorable...I was trying to get enough information I can before paying a lawyer
Military Lawyer: Marsha411JD, Lawyer replied 7 months ago

Alright, well I provided you with the information as to the threshold you will have to meet and the link for more information and the form/process involved in your petition. Did you have any further follow up questions?

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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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