Legal Question in Military Law in Illinois

administrative separation OTH-D

The Navy told my son that an administrative discharge under other than honorable will turn into honorable in 6 months. Is this true?


Asked on 4/21/08, 2:56 pm

3 Answers from Attorneys
Philip D. Cave Military Law & Justice

Re: administrative separation OTH-D

NO IT IS A LIE. It's a lie frequently used to "encourage" people to waive their right to a hearing.

Noone being processed for an OTH should waive their right to a Board to hear the case. There are examples of people who been retained or at least gotten an Honorable or General discharge.

No-one can guarantee a result but the person should try!

There are LIMITED chances to upgrade.

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Answered on 4/21/08, 3:10 pm
Michael Rosenblat Michael C. Rosenblat., P.C.

Re: administrative separation OTH-D

No an OTH will not turn into an honorable discharge.

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Answered on 4/21/08, 4:54 pm
Donald G. Rehkopf, Jr. Brenna, Brenna & Boyce, PLLC

Re: administrative separation OTH-D

Mr. Cave is correct. It is a BIG LIE, used exactly as he says - to trick people into waiving their rights to fight his case before a Board.

Who ever told him that was guilty of making a False Official Statement - a crime under the UCMJ!

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Answered on 4/21/08, 7:26 pm


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