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Army Discharge Regulations

When dealing with army discharge cases, there a several discharge types. To be exact there are five different army discharges and in most cases every member of the military will experience at least one of them. The characteristic of each active duty member decides the type of discharge they will receive. The different types of army discharges include: general, honorable, other than honorable, bad conduct and dishonorable. Read below where Military Lawyers have provided legal answers relating to the top commonly asked questions on army discharge.

Can the army discharge someone who was arrested for a DUI if it was before they were convicted?

Under Chapter 14 they can be discharged for misconduct, even if they were not convicted yet. With that being said, an administrative separation is not considered a criminal action. This does not require the same levels of proof to accomplish. If there is enough evidence then this can be done. If they have longer than six years, they can ask to stay in. If they have less than six years, they won’t have that right.

Army discharge papers state “European African Middle Eastern Theater Ribbon and 1 Bronze Star. Good Conduct Medal.” Does this mean that that will be receiving a ribbon and medal?

The bronze star states that they have received that ribbon twice. The bronze star medal is just that a bronze star medal or also known as BSM. They do not receive a BSM unless they are awarded that one. For more information when receiving army discharge papers, contact the Experts.

Would someone need a lawyer in order to get an army discharge upgrade?

A lawyer could help them in this process, but even the best lawyer will not be able to get one for them if their record does not allow this. There is no automatic upgrade, with that being said only a very small percentage of requests are approved. Normally, they will need to show under the conditions that an upgrade to the classification is appropriate in their case. This is achieved by showing that the result at the time was wrong for any reason.

On someone’s army discharge papers it states other than honorable chapter 13, what does that mean?

That simply means that something was written down incorrectly. Chapter 13 is an administrative separation for poor or insufficient performance, such as failing PT tests, or not meeting the requirements. According to the AR 635-200, they are supposed to receive an honorable or general under honorable conditions discharge. They would either have something wrote down wrong, or written down the wrong characterization. To have their military records corrected they can file a DD Form 149.

If someone is discharged from the army with undesirable discharge, are there any benefits for this discharge?

Currently there is no “undesirable” discharge. That has been replaced by the “general under honorable conditions” and the “other than honorable discharge” both of these are less favorable than an honorable discharge. It is possible to have the discharge reviewed and upgraded. Although there are some steps that must be taken:

1. The law states that an application for review must be filed within 3 years, but that can be extended if a good cause can be shown.

2. They will need to show that under all the situations, the characterization is not appropriate. This should focus on the reasons leading to the discharge including the process. It can also include events afterwards.

Many times an active member has been discharged from the army for what they believe is wrong. They can challenge that, also known as an upgrade army discharge. There are many regulations and rules to be followed when dealing with an army discharge and army discharge papers. Contact Experts to receive legal answers and insight to many specific military law questions.
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