Legal Question in Military Law in Illinois

upgrading an OTH for drug use

While in the USMC I made the mistake of using ecstasy. I did not test positive on a urinalysis but rather I admitted to it when questioned. I received an OTH discharge after 3yrs 3mos of service. I've been out for over 7 years now. I recently was denied an upgrade after a personal appearance hearing. My service record is completely clean except for the drug use incident and my post service conduct is perfect. My representative from the American Legion said I had the best case he's seen in a long time. What are my options now and what are my chances for receiving clemency? This is affecting my education and future employment opportunities.


Asked on 6/03/07, 2:19 pm

2 Answers from Attorneys
John K. Harris Attorney at Law

Re: upgrading an OTH for drug use

The Board for Correction of Naval Records is not required to hear discharge upgrade cases as a matter of clemency unless the characterization of service was the result of a Court Martial. However, this does not mean an invidual should not submit a discharge upgrade request to the aforementioned board as matter of clemency because the less honorable charactization of service is based on misconduct, which is also the reason for a Court Martial. Feel free to contact me if you need help.

Read more
Answered on 6/03/07, 3:46 pm
Charles Dobra Charles Wm. Dobra, Ltd.

Re: upgrading an OTH for drug use

You are going to have to submit a petition to BCNR. Good Luck!

Chuck Dobra

CDR, JAGC, USNR (Ret)

Read more
Answered on 6/04/07, 11:57 am


Related Questions & Answers

More Military Law questions and answers in Illinois