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I would like to get my discharge upgraded how much will a…

Customer Question
I would like to...

I would like to get my discharge upgraded how much will a lawyer cost To help me with the process

Lawyer's Assistant: It can cost anywhere from $10 to $100, depending on the type of issue and how much of the Military Lawyer's time your question is expected to take (how complex and lengthy an answer you require).

Ok

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

I have been out the military since 2012

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

No Thank you

Submitted: 4 months ago.Category: Military Law
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Answered in 3 minutes by:
12/5/2017
Military Lawyer: P. Simmons, Military Lawyer replied 4 months ago
P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 36,605
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
Verified

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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Military Lawyer: P. Simmons, Military Lawyer replied 4 months ago

I fear you may be confused...this is NOT a law firm.

Period.
We provide information....did you have a specific question? Are you asking the process to request a change to military records?

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Customer reply replied 4 months ago
I have a question
I need help on getting my discharge upgraded
Customer reply replied 4 months ago
I got discharged in 2012 with general/under honorable conditions I would like to get it upgraded. I have completed college I have a federal position in a hospital. the stigma of general and not honorable haunts me.
Military Lawyer: P. Simmons, Military Lawyer replied 4 months ago

Can you speak on the phone? This would allow me to address your concerns directly. There is a nominal ($5) additional charge. I do not time my phone calls...we can converse until you receive the information you need.

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Customer reply replied 4 months ago
I can not talk right now since I am in a office of 10 people
Military Lawyer: P. Simmons, Military Lawyer replied 4 months ago

Thanks
I have some thoughts and will type them up...a few mins please...

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Customer reply replied 4 months ago
Great
Military Lawyer: P. Simmons, Military Lawyer replied 4 months ago

Is it possible to modify a DD214 (to "upgrade" it from "general" to "honorable")? 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. You (as the applicant) have the burden of proof...you MUST submit evidence other than just your statement to prove the case.

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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Customer reply replied 4 months ago
Ok question I was suppose to be discharged then I was not I was sent to Afghanistan. My misconduct was held for 10 months prior to them discharging me and putting me in harms way when they were going to feed me to the wolves after. Is that a case or no should I get a lawyer.
Military Lawyer: P. Simmons, Military Lawyer replied 4 months ago

That is not a basis to correct...that is, there is no law that required the military to discharge you immediately after they discovered misconduct. So if that is the only claim of error, it is unlikely to be successful.

This is the part of my job I don't like...when the law is not in favor of my customer. I wish I could tell you that you can get an upgrade for them not discharging you immediately but I can only provide you information based on the law so that you can act on the best available information to you...I wish I had better news, but can only hope you recognize and understand my predicament and don't shoot the messenger. I'm sorry!

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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Customer reply replied 4 months ago
I have changed my life to the better. I have graduated college. I hold a federal position as well. Is there any way thru characterization after the military due to I failed a UA
Military Lawyer: P. Simmons, Military Lawyer replied 4 months ago

Thanks
None of that is relevant to the request to change your record...you have to prove that the military made a mistake in the record they created...that is the only way to get it changed. THe fact you did well after you got out is not relevant in that discussion.

Again, I am sorry to be the one 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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Military Lawyer: P. Simmons, Military Lawyer replied 4 months ago

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

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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 36,605
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Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.

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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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