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JKEsq
JKEsq, Lawyer
Category: Military Law
Satisfied Customers: 8268
Experience:  Managing law firm partner
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I would like to upgrade my dishonorable discharge.

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I would like to upgrade my dishonorable discharge.
JA: Are you overseas or stateside?
Customer: Stateside
JA: Have you talked to a JAG attorney about this? Or anyone in the chain of command?
Customer: No !!!!
JA: Anything else you want the Lawyer to know before I connect you?
Customer: My discharge was in 1988, and is there's a chance for an upgrade?

Hello I will be the attorney assisting you today. Please note this site is for general information for educational purposes only and does not constitute legal advice, nor does it establish an attorney-client relationship. You may receive an offer from the site for a phone call that I have no control over being offered to you. This is an optional paid service and another expert would call you when available as I do not participate in calls as an actively practicing attorney.

 

You have 15 years from the date of your discharge to apply for an upgrade to your discharge status or the reason for your discharge through the Discharge Review Board (DRB); the traditional application to upgrade a discharge.

 

If it’s been longer than 15 years, even though the DRB can't help, you can still request a “correction” to your military records from the Board of Corrections for Military Records (BCMR). There is a three-year statute of limitations for submitting requests to the Board of Corrections for Military Records but very frequently BCMRs accept late applications as long as a good reason for the delay is provided.

 

You would need a DD149 for this https://www.esd.whs.mil/Portals/54/Documents/DD/forms/dd/dd0149.pdf Applications should include all available evidence, such as signed statements of witnesses or a brief of arguments supporting the requested correction. You may want a local military lawyer (use a site like Avvo to find one locally) to help you as you may only get 1 shot at this correction and someone with experience helping you fill it out may help

 

 

 

 

 


Please let me know if you have any questions about my reply or in general. I'll be glad to answer them.
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Customer: replied 10 days ago.
Thanks !!!!! 5

Very welcome!

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