Legal Question in Military Law in New York

Re: upgrade discharge

Generally speaking, a former service member may be able to request a record change (i.e., upgrade one's discharge) with the Discharge Review Board. If not successful with the DRB, a former service member may be able to request clemency with the Board of Correction for Military Records. However, the record change may be barred due to statue of limitations. I'd need more details to better assess your situation.

If you'd like, feel free to contact my office to set up an appointment. My initial consultations are free and I'd be happy to initiate the call to save you long distance charges.

Re: upgrade discharge

It is possible that the Discharge Review Board will upgrade your discharge. I practice this are of the law. Feel free to contact me if you need help.

Re: upgrade discharge

There are a number of factors in evaluating a "discharge upgrade" case. First, what the Article 15 was for, second, when in the period of enlistment it happened, and third, what your re-enlistment code is on your DD 214.

Generally, you must make your application within 2 years of the date of your discharge. You didn't mention whether or not you "appealed" the characterization of the discharge as "general" - something that many military JAG defense counsel haven't been taught (for a reason). But, if not, they use that to bite you in the ass on any discharge appeal.

There are many issues that need to be addressed in cases such as yours so no lawyer here is going to be able to give you an accurate answer without sitting down and reviewing your discharge paperwork and speaking with you.

If you want, email me and we'll set up an appointment/consultation as I'm not that far from you. That's free. Good luck to you.

Don Rehkopf