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I was discharged In June 1982 with a OTH discharge, can

Customer Question
I was discharged In...

I was discharged In June 1982 with a OTH discharge, can something be done to get an upgrade? Thanks

Lawyer's Assistant: Are you overseas or stateside?

Florida

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

Not lately, did about 15 years ago

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Submitted: 3 months ago.Category: Military Law
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Answered in 4 minutes by:
3/29/2018
Military Lawyer: Allen M., Esq., Lawyer replied 3 months ago
Allen M., Esq.
Category: Military Law
Satisfied Customers: 20,566
Experience: Lawyer and current JAG officer.
Verified

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance.

(The system will automatically generate a phone call request to you which is NOT from me. I will not accept a phone call request and will work through the chat system.)

You can file a DD Form 149 with the military records corrections board. That entity has the power to alter discharges statuses. You will have some uphill battles to fight. First, they apply a 3-year rule, meaning you have to file within 3 years of knowing about an issue in your record. Now, they regularly waive that in the interest of justice, but you do have that hurdle. Next, and the more difficult one here, is that the board doesn't just upgrade discharges due to the passage of time or the positive changes in your life since you were discharged. This board only upgrades discharges when the person can show that their original discharge was an error or an injustice at the time it was given. This is a very high standard and less than 10% of people can actually establish it.

If you have any further questions or other facts that you would like me to consider, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a three, a four or preferably a five star rating so that I receive credit for working with you today. Please rate me based on my service and not on your satisfaction with the law, which I am not in control of and I am just reporting to you. Please DON’T rate my service until after you have asked any follow up questions that you have, so that I have the best opportunity to earn all 5 stars. Also, feel free to request me in the future, if you have questions concerning a different matter.

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Military Lawyer: Allen M., Esq., Lawyer replied 3 months ago

Hello, I wanted to check in and make sure that there was not any additional information that you required after the response I previously provided to you. If you need further assistance, please use REPLY and ask me for any additional information you may need. If not, take care, have a great day and please don’t forget to rate my service.

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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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