Legal Question in Military Law in Indiana

Upgrade uncharacterized discharge?

Is there any way to have an uncharacterized discharge upgraded? I would like to become a police officer and fear this is going to ruin my chances.

Bootcamp was my first time being away from home and I hated it. My company commander told me the only way to get out was to say I was going to kill myself. I didnt want to say this and tried to get out a few times without saying that. Eventully I just couldnt take being away from my wife and I finally said it and was discharged. I am not in any way suicidal and I have been doing fantastic since my discharge.

Thanks


Asked on 7/07/08, 12:04 am

1 Answer from Attorneys

Neal Puckett The Law Firm of Puckett and Faraj, PC

Re: Upgrade uncharacterized discharge?

An uncharacterized discharge is not really a discharge. It is called an entry level separation and simply voids the enlistment contract. That means that in the strict legal sense, you didn't enlist. There is no such thing as an upgrade for it. You therefore have not been discharged from the military in the traditional sense and do not have a DD-214 form for anyone to inspect. It is not supposed to have an adverse impact on your employment opportunities.

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Answered on 7/07/08, 9:37 am


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