Legal Question in Military Law in Hawaii
Upgrade A Military Discharge.
Hello. I have recently got discharged with an Other Than Honorable Discharge For the USMC. I got It For Admitting Drug use on a statement. I had two piss test and was clean. i was Court Martialed and got brig time. Went to a discharge board and was given a OTH Suspened discharge. But supended was denied by the Comoanding General. Is there anyway way of upgrading this because i feel i was Wronged. any help is appreciated.
1 Answer from Attorneys
Re: Upgrade A Military Discharge.
If you went to a special court-martial and did not receive a BCD then the Marine Corps can not approve an OTH unless it goes through Headquarters Marine Corps.
If you went to a summary court-martial, and there was a recommend suspension, this is a recommendation and the approval authority for the discharge would be the first general officer in the chain of command...he or she is free to follow or not follow this recommendation
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