Legal Question in Military Law in California

Discharge Upgrade

I was discharged from the military in 1993. My x-wife had mental health issues and we had a newborn. I went UA and returned recieving an OTH in lui of with an RE-4. I want to get it up graded and don't know how. I have been a volunteer in my community and participated in many neighborhood outreaches.

My life is different and I want to know how can I restore old mistakes?


Asked on 1/05/09, 5:00 pm

2 Answers from Attorneys

James Matthew Branum James M. Branum, Attorney at Law

Re: Discharge Upgrade

It may be too late, as I think there is a 15 year time limit on getting a discharge upgraded.

I don't do much discharge upgrade work, but can refer you to a very good person who does who can tell you for sure. Call or email me and I can pass on her contact information

Good luck!

James

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Answered on 1/05/09, 5:06 pm
Philip D. Cave Military Law & Justice

Re: Discharge Upgrade

1. There is a 15 years statute of limitations from the date of discharge.

2. Need to know the exact date of discharge.

3. Pity, because I've had success with cases where there were family issues and where the person has done significant community service. The Boards seem to like community service.

4. I've occassionally heard of people going to BCMR, but ever rarely winning.

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Answered on 1/05/09, 5:18 pm


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