Legal Question in Military Law in North Carolina

Military discharge physical condition not a disability
A military member was advised she was being discharged for a personality disorder and was so discharged. The discharge was challenged as she proved she did not have a personality disorder. The Marine Corps then claimed it was as administraitive error and changed the reason for discharge to for a physical conditon not a disability. Hard documents clearly show it was not an administrative error. The member waived her rights to the discharge for a personality disorder however was never afforded her rights for the reason of a physical condition not a disability. The rights for the two reasons are significantly different. The Marine Corps refuses to answer any request for an explanation and holds that the discharge is correct. Additionally, pages of evidence demonstrate that military regulations were not followed for either reason. Written orders were violated and the service member was not afforded due process. The issue at hand is a RE-4 discharge code. The member was never charged with an offense or the subject of non-judicial punishment. What is the remedy?

Asked on 1/27/08, 11:14 pm

John K. Harris Attorney at Law

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Re: Military discharge physical condition not a disability

Try to have your RE Code upgraded. Feel free to contact me if you need help.

Answered on 1/28/08, 3:44 pm

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