Legal Question in Military Law in North Carolina

awol discharge upgrade

I was discharged after going awol for ten months. I went awol after being refused an admin discharge request by naval doc for stress issues concerning my mothers health. Capt at the time told me

i wasnt getting out and if I tried I would be thrown in Brig in Germany for the remaining 3 years of my contract. I turned myself in to Naval Command in Norfolk and was given an Other Than Honorable Discharge with a RE4 re-entry code and KFS Seperation, Characterazation was ''In lieu of trial by court martial''. Is it possible to get this upgraded due to the gung ho captain who did not follow the Navy Doctors reccomendation. Im not looking for VA Benefits just a change in the discharge that I should have been awarded in the first place.


Asked on 1/30/07, 5:22 pm

2 Answers from Attorneys
Michael Eisenberg Law Office of Michael D.J. Eisenberg, Attorney and Counselor at Law

Re: awol discharge upgrade

Generally speaking, I believe a former serviceman may have either the ability to appeal his/her conviction (depending on where they are in the judicial process) or, if their appellate process has been exhausted, may be able to request a record change with the Naval Discharge Review Board. If not successful with the NDRB, a former service member may be able to request clemency with the Board of Correction for Naval Records. However, the record change may be barred due to statue of limitations.

It would be in your best interest to talk with a lawyer and discuss the details of your situation so that he/she can outline what your options might be.

Good luck!

LEGAL NOTICE: The information presented in this e-mail should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.

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Answered on 1/30/07, 6:40 pm
John K. Harris Attorney at Law

Re: awol discharge upgrade

There is a possibility you could have your discharge upgraded. However, there are no guarantees. Feel free to contact if you need help.

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Answered on 1/31/07, 12:10 pm


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