Military Law

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Military Discharge

When an individual serving in the armed forces is released from his/her obligation to serve, it is called military discharge. It is different from retirement and can be given for different reasons like expiry of term of service, disability or injury, personal disorder, misconduct or other reasons. There are a lot of little details and nuances that people need to be informed about when they are given a military discharge or when they want to request for a military discharge. Ask Experts to know more about military discharge and other issues related to the military law quickly and at an affordable cost.

Can a military discharge be upgraded?

A military discharge can be upgraded but it may not be very easy to do so. The individual will have to convince the authorities that the decision taken earlier was inappropriate and an upgrade to the characterization is the appropriate decision.

Can an individual request a military discharge?

An individual can request for a separation and not a discharge from the military. However, there is no law forcing the commander to accept the request. If the commander wants the individual on the program and if they want to make the individual wait out his/her enlistment, the commander is entitled to this right.

What is the time period to get a military discharge upgraded?

A military discharge can be upgraded within 15 years of the discharge. If the time is more than 15 years, then the individual can request to change the military records. For this, the individual needs to fill out a DD form 149.

Is it possible to speed up the process of a military discharge in case of a disability?

A military discharge depends on what the service a member is going through. If the member has an injury that is either caused due to the service or aggravated due to the service, then a formal process must be followed to allow a discharge. This process, called MEB (Medical Evaluation Board) includes many things like an examination and rating. This may take 3-6 months depending on the individual’s condition. In some cases, this process may be sped up but it is unlikely most of the times as it involves the command of service member and the service itself.

Can someone with a 5-17 military discharge re-enlist after a 2 year waiting period?

Normally, there is no waiting period for any discharge. The only thing that can determine if a person can re-enlist or not is the characterization of the discharge and RE code. If the RE code is 3 or above, then the individual can apply to re-enlist.

When being enlisted into the military, often individuals will need to be discharged. These individuals may not know the correct or legal way to ask for a military discharge. Getting information about military discharge will help individuals handle the situation better. Ask the Experts for information on military discharge, bad conduct discharge, court-martial and other military law related issues.
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