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I was discharged under other than honorable conditions in 88…

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I was discharged under...

I was discharged under other than honorable conditions in 88 for awol. I wasn’t awol and was under military control. I was stationed in Germany and my pcs date was extended this was during the Gramm Rudman cutbacks in service. My unit made it possible that I could be sent back stateside to finish out my service which was under a years service. Although I was under military control no one informed my unit where I was. I never was disciplined while in service had a clean record when this happened. I wanting to have my discharge upgraded so that I can purchase a home and my benefits reinstated

Lawyer's Assistant: Has anything been officially filed?

No sir,

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

All I’ve ever done was request a copy of my 214 which I’ve misplaced over the years

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

Yes, that I’m very proud that I served my country and this has never tarnished my feelings of serving. It’s unfortunate this happened and I would like to Right this wrong.

Submitted: 7 months ago.Category: Military Law
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Answered in 9 minutes by:
11/28/2017
Military Lawyer: Edward Young,
 replied 7 months ago
Edward Young
Category: Military Law
Satisfied Customers: 512
Experience: Principal Attorney at The Law Offices of Edward D. Young, III
Verified

Good morning! My name is ***** ***** I am a licensed attorney. I would be happy to provide assistance. Please give me a moment to formulate a response. Also, please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Military Lawyer: Edward Young,
 replied 7 months ago

Since it has been more than 15 years since you were discharged, you must apply for a Correction of Military Records.This process is used when "necessary to correct an error or injustice."

Applying for a Correction of Military Records is a simple process. You should use a DD Form 149, Application for Correction of Military Record. Section 1552. You should complete the form very carefully by typing or printing the requested information. Attach copies of statements or records that are relevant to your case. Make sure you sign item 16 of the form. Mail the completed form to the appropriate address on the back side of the form.

Supporting Your Request

The Board will correct your military records only if you can prove that you are the victim of error or injustice. You do this by providing evidence, such as signed statements from you and other witnesses or copies of records that support your case. It is not enough to provide the names of witnesses. The Board will not contact your witnesses to obtain statements. You should contact your witnesses to get their signed statements with your request.

Your own statement is important. Begin in item 9 of the DD Form 149 and continue in item 17, if necessary. You may also put your statement on plain paper and attach it to the form. Limit your statement to not more than 25 pages. Explain what happened and why it is an error or injustice in simple, direct terms.

Normally, the best evidence is statements from persons who have direct knowledge or involvement.

For example, statements from persons in your rating chain if you are contesting a performance report. Or a statement from the person who counseled you if you are alleging miscounseling.

Character references from community leaders and others who know you are helpful if you are requesting clemency based on post-service activities and accomplishments. This is only a general rule, however. You must decide what evidence will best support your case.

It may take you some time to gather statements and records to support your request. You may wish to delay submission of your application until information gathering is complete. You should, however, submit your request within the 3-year time limit.

With few exceptions, all personnel records generated by the military may be corrected by the Board. The Board cannot, however, change the verdict of a courts-martial imposed after May 4, 1950. In these cases, the Board’s authority is limited to changing the sentence received on the basis of clemency. The Board will mail you a copy of the applicable service regulation at your request.

Most applicants represent themselves. If your request is complex, you may want someone to represent you:

  • Many veteran service organizations have staff members who will represent you in applying to the Board. You may obtain a list of these organizations by writing to the Board (see addresses on reverse side of DD Form 149)
  • You may also hire a lawyer to represent you at your own expense
  • You should name your representative on DD Form 149, item 7. The Executive Director of the Board must approve any representative other than a veteran service organization staff member or a lawyer
  • If you name a representative, the Board will normally deal with your representative rather than directly with you

IF YOU WANT TO HIRE A LAWYER, TELL ME WHAT CITY AND STATE YOU LIVE IN AND I WILL REFER YOU TO HIGHLY RATED LAWYERS WHO CAN HANDLE YOUR CASE.

Advice and guidance are available from many sources. Military Personnel specialists can advise you on personnel issues. Veteran service organizations will advise you even though you decide to represent yourself. You may discuss your case with a Board staff member, or you may write to the Board, and a staff member will respond to your questions.

Personal Appearances Before the Board

You may request a personal appearance before the Board by checking the appropriate box on DD Form 149, item 6. The Board will decide whether a personal appearance is necessary to decide your case. Travel expenses are your responsibility. The Board grants very few personal appearances, so you should try to fully present your case in writing. If your request for a personal appearance is granted, the Board will provide you with the necessary details.

Advisory Opinions

After your application is received, one or more offices within your military service (JAG, hospital, personnel, etc.) will prepare an advisory opinion on your case. The advisory opinion will be sent to the Board with your case file. If the advisory opinion recommends denial of your request, the Board will send it to you for comment:

Remember that the advisory opinion is only a recommendation. The Board will make the decision on your case

The Board will ask for your comments on the advisory opinion within 30 days. You may request an additional 30 days if you need it. Reasonable requests are normally granted

It may be unnecessary for you to comment on the advisory opinion. If you have nothing further to say, don’t bother to respond. Failure to comment on an advisory opinion does not mean you agree. Nor will it prevent a full and fair consideration of your application.

Panel members receive a copy of the case for study before they meet. They normally discuss your case in closed session before voting. Their decision is based on the evidence in the case file.

The majority rules, but a dissenting member may submit a minority opinion for consideration by the Service Secretary or his/her designee.

The Decision on Your Case

Following the vote on your case, the panel chairperson signs a record of proceedings. The record of proceedings will explain the reasons for the decision on your case.

The Service Secretary concerned has the final authority to accept or reject a recommendation of the Board. In most cases, it is accepted.

When the Board completes your case, the decision is mailed to you. If relief is granted, your records will be corrected and finance personnel will review your case to see if you are due any monetary benefits.

The Board is the highest level of administrative appeal and provides the final military decision. If the Board denies your case, your next step is to request reconsideration or file a suit in the court system.

Reconsideration of Your Case

You may request reconsideration of the decision on your case. The Board will reconsider your case only if you provide newly discovered relevant evidence that was not reasonably available when you filed your original application. The evidence may pertain to the timeliness of your application or to its merits.

You should submit your request for reconsideration within a reasonable time after you discover the new evidence.

Re-argument of the same evidence will not get your case reconsidered.

I hope this helps.

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Military Lawyer: P. Simmons, Military Lawyer replied 7 months ago
P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 37,465
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
Verified

Hello! My name is ***** ***** I am a licensed attorney with more than 18 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help

Also, if you would like to chat on the phone, let me know and I can make that happen.

Different contributor here...did you have additional questions regarding this?

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