Legal Question in Military Law in California

discharge upgrade

i joined in the us navy in 93-97 i got out with discharge HONORABLE , then 1999 i rejoined back navy, then i have dui and the navy discharge me OTH.. there is not any court martial ,. can i upgrade my discharge


Asked on 9/08/08, 2:44 am

1 Answer from Attorneys
Philip D. Cave Military Law & Justice

Re: discharge upgrade

You are eligible to apply for an upgrade for up to 15 years from the date of discharge.

There is NO automatic upgrade.

The chance for an upgrade would depend on a lot of factors including post-discharge conduct, alcohol rehab issues and sobriety, and overall "clemency."

Clemency is not the exact word in the statute, but basically you would be asking for an upgrade on clemency reasons.

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Answered on 9/08/08, 2:53 am


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