Legal Question in Military Law in Massachusetts

Military Discharge Upgrade

I was in the Navy 4 years ago. I went to NJP for two minor offenses. And they discharged me for a pattern of mis-conduct because 2 is a pattern even though many many many others at my command the USS Kitty Hawk CV-63 had gone to NJP 4 & 5 times and still were in. The reason was is that my Chief didn't particularly like me actually hated me. Before my last NJP they put me on Paxil an antidepressent after two months on the Drug i got angry one night and threw a chair across a living space were a first class petty officer witnessed it.A report was filled out but they waited till last day the 90th to submitt my NJP it was torture i was then promptly discharged with an OTH. I would very much like to get this reversed i would like to go to school and finish. My life has not been the same since just a line of mediocre jobs. If i can i would like to sue for back pay seeing it was only two NJP's and that the Paxil might have contributed to my anger that night. I am scared that they did not keep records of the perscription but i have three outstanding witnesses willing to get on the stand for me, all with honorable discharges and great service recs with one heading to Iraq next month. Can some one help me or give me some advice?? thanks,


Asked on 11/19/08, 6:06 pm

1 Answer from Attorneys
James Hall Qua, Hall, Harvey & Walsh

Re: Military Discharge Upgrade

Depending upon the incident reports and your record, you may be able to get a board of corrections to upgrade your discharge- particularly if you have been a solid citizen since then. OTH are supposedly reserved for the most heinous crimes. With that being said, I don't think you have any chance of getting back pay, but different attorneys may have different advice, and it certainly would depend on a complete review of the facts.

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Answered on 11/20/08, 9:42 am


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