Legal Question in Military Law in Hawaii
Ways to fight Military Discharge Type
What options exist for fighting ''other than honorable'' type of discharge given from the Reserves? Meaning other than appealing to the service board for discharge appeals or corrections board, can you sue in federal court for discharge upgrade or reinstatment if you feel the discharge action was unlawful or unconstitutional?
Asked on 12/23/08, 11:31 am
1 Answer from Attorneys
Scot Sikes
Law Offices of Scot Sikes
Re: Ways to fight Military Discharge Type
Federal Courts will require that you have first exhausted your administrative remedies. To my knowledge, there is no avenue around the discharge review board.
Answered on 1/02/09, 10:53 am
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