Legal Question in Military Law in California

Upgrade My Discharge

I was discharge from the Navy in 1983 with a bad conduct discharge. I need the upgrade for myself; I do have a very good job. I thought the Navy went about discharging me in a forceful manner. I did not see any counsel, nor was I explained what I was signing at the time would impact me today, not financial; it�s something I still think about from time to time. If it�s too late to do anything, No worries, I'm ok with that. I�m proud of my service time in the Navy. Many lessons I have learned in the Navy, I�ve applied in my life. I can't say that I was an angel in my youth but the older you get comes wisdom. The most important ingredient missing when you�re young and stupid.


Asked on 3/06/07, 4:08 pm

2 Answers from Attorneys
Michael Eisenberg Law Office of Michael D.J. Eisenberg, Attorney and Counselor at Law

Re: Upgrade My 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 Naval Discharge Review Board. If not successful with the NDRB, a former service member may be able to request clemency with the Board of Correction for Naval Records. However, the record change may be barred due to statue of limitations.

It would be in your best interest to talk with a lawyer and discuss the details of your situation so that he/she can outline what your options might be.

Good luck!

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Answered on 3/06/07, 10:26 pm
John K. Harris Attorney at Law

Re: Upgrade My Discharge

Based on the facts you have provided, you should probably try to have your discharge upgraded as a matter of clemency. Feel free to contact me if you need help.

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Answered on 3/07/07, 12:17 am


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