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Lee Turner, Attorney at Law » Dispelling The Military Discharge Upgrade Myth
Lee Turner, Attorney at Law » Page 'Dispelling The Military Discharge Upgrade Myth'

Dispelling The Military Discharge Upgrade Myth

I write this post in an effort to dispel what I deem an unfortunate myth in the discharge upgrade process.  The myth is so pervasive that even the Army Disharge Review Board’s website devotes a significant converage trying to debunk it.  Quite simply, discharges DO NOT AUTOMATICALLY UPGRADE after six months.

In reality the process of upgrading a discharge requires more than merely demonstrating a “clean” civilian record for x number of years.  A helpful resource for those interested can be found here:

http://www.nlgmltf.org/pdfs/DischargeUpgrade_Memo.pdf

As one can see the process can be quite involved and retaining an experienced attorney is certainly  advantageous in framing one’s argument.  Lastly, given the long term consquences of a negative discharge, upgrading if possible should be a priority for those effected.

Feel free to post questions.

4 comments to “Dispelling The Military Discharge Upgrade Myth”

  1. I was discharged from the marine corps after two years and four months of service with an oth for one urinalysis test, testing positive for marijauna. While this is the biggest mistake of my life, it may have saved my life, considering the offense occurred two months before September eleventh. I had a good service record up to this point and had many recommendations from my superiors in my srb, but with the corps zero tolerance policy at the time, I was regrettably discharged. My question is do I stand a good chance of getting this discharge upgraded? Also, what are the chances of me recieving the gi bill, and if they aren’t good, then are service members eligible to get the 1200 dollars reimbursed that they placed in to the gi bill fund?

    Respectfully,
    Concerned civilian

  2. My brother was discharged with OTH more than 15 years ago for desertion (excess
    leave - 180 days) with less than 2 years of service. He may have had a preexisting
    condition but his treating local physician cannot remember him.
    Does he have any chance at all for a General Discharge?

  3. Hello, my name is Leonard Morrison. I was discharged in Oct 15, 2001. My discharges is oth but the misconduct that i was charged for was dealing with the command I was in. The command that I was in(NAS Oceana) was already in a bad way dealing with the charge of selling military equipment. When I arrived there I just had surgery for my knee and had a light duty chit that basicly keep me on on meds most of the time i was there. But every time I walked in the door of the command late(ie 2 min or less) they made me take a piss test. I had 3 years and two months of good service as well as a good conduct medal as well as medal for bravery on the USS Cole. Do I have a chance to get my discharge upgrades so I can take care of my hospital bills that I have for my knee now that its about shot?

  4. I served in the regular Navy from January 1977 to August 1996, at which time I was discharged with a Bad Conduct Discharge.

    I received three Honorable Discharges at four year intervals, and re-enlisted each time in grade. I advanced from the rank of Seaman Apprentice to Chief Petty Officer; having achieved that rank in March 1986. My rate was Cryptologist Technician Technical branch and my specialty was surveillance and all-source intelligence analysis. I also served in two positions normally filled by more senior management and commissioned officers at the National Security Agency and as Naval Security Group Assistant Liaison Officer at a Naval Ocean RDT&E center.

    The punitive discharge I received was a result of a General Court Martial in relation to mishandling of classified material (no unauthorized disclosure/compromise occurred). I made a conscious decision to acknowledge my responsibilities for certain actions that comprised the violations, and it was the decision of the Marine Corps Judge Advocate, who presided over the court martial that guilty findings were to be confined to those charges to which I pleaded guilty.

    It was never my intention to damage the security of the United States Navy nor that of the United States. In my effort to do the best job possible for the Navy, I used poor judgement.

    What chances do I have to mitigate and upgrade by discharge from a BCD to a honorable discharge?

    Thank you for your response.

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