Legal Question in Military Law in California

getting OTH, can I upgrade it?
I am in the Marine Corps and I decided long ago that it wasn't meant to be for me (Active Duty life is what gets to me and living the lifestyle 24/7). I went UA the first time for 49 days and the first sgt sent the cops to my house to arrest me. I spent 30 days in the brig and was summary court-martialed. I was then in Seperations platoon but I was getting relocated into a new MOS so I left again. I was gone for 28 days and I turned myself in the second and final time. I got time served of 16 days in the brig after my second summary court-martial. They are kicking me out now.

I never hit fleet status, I went UA while still under MOS school status. I wanted a entry level sep but by the time I found out about it, it was too late... past the 180 days. Now, by the time I get out ill be like a year and a half in. I have never gotten into trouble before all of this, I have never even got a speeding ticket in my entire life. I have no NJPs or anything else... just 2 UAs and 2 Summary Court-martials.

My question is this: will I be able to upgrade my future discharge from OTH to a General?

Asked on 5/16/09, 4:09 pm

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

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Re: getting OTH, can I upgrade it?

You should be able to apply for it BUT there is no guarantee that you will get the upgrade.

Good luck.

Answered on 5/17/09, 8:50 am

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