Legal Question in Military Law in Florida

Re: Dishonorable Discharge

He would have had an automatic appeal up through the Court of Appeals for the Armed Forces. Once that appeal is denied the conviction and sentence is final. The Navy Clemency & Parole Board and the Navy Discharge Review Board might have some role. But unlikely on the NCPB.

Much depends on they charges for which convicted, the sentence, and post-trial factors.

There is NO procedure for expungement of military convictions.

Re: Dishonorable Discharge

My friend, Mr. Cave's observations are essentially correct, and there are many procedural barriers involved in trying to "re-open" such a case. This is generally referred to as post-conviction relief in the civilian sector. The military has a version, but it is much reduced in scope, the reason being that in the miltary you get both automatic and free appeals.

But, there is a very narrow opportunity to reopen these cases in the military and I do handle them. Since this is not a secure forum, please do not post any specifics here. If you want a more specific response, email me at my office, [email protected] and give me the details you feel comfortable disclosing, and a phone number and I will call you to discuss this. No charge for this btw.

In any event, good luck to you and your son.

Regards,

Don Rehkopf

Re: Dishonorable Discharge

My office handles Military Records' Changes. You may have some options; however, I need to know more details to better assess the situation.

Feel free to contact me if you would like to set up an initial consultation, free of charge. If we set up an appointment, I'd be happy to initiate the call in order to save you in long distance charges.