Legal Question in Military Law in California

Bad-Conduct Discharge

I received a Bad-Conduct Discharge over fours years ago, and I was wondering if I can appeal to my case and if I can how long do I have until an appeal would no longer be available?


Asked on 5/04/07, 9:14 pm

2 Answers from Attorneys

Michael Eisenberg Law Office of Michael D.J. Eisenberg, Attorney and Counselor at Law

Re: Bad-Conduct Discharge

Generally speaking, I believe a former serviceman may have either the ability to appeal his/her conviction (depending on where they are in the judicial process) or, if their appellate process has been exhausted, may be able to request a record change with the Discharge Review Board. If not successful with the DRB, a former service member may be able to request clemency with the Board of Correction for Military Records. However, the record change may be barred due to statue of limitations. I'd need more details to better assess your situation.

If you'd like, feel free to contact my office to set up an appointment. My initial consultations are free and I'd be happy to initiate the call to save you long distance charges.

LEGAL NOTICE: The information presented in this e-mail should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.

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Answered on 5/04/07, 9:32 pm
John K. Harris Attorney at Law

Re: Bad-Conduct Discharge

You have 15 years from the date of your bad conduct discharge to submit an appeal to the appropriate discharge review board. Feel free to contact me via email or phone for an initial consultation.

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Answered on 5/04/07, 10:06 pm


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