Legal Question in Military Law in North Carolina

Upgrade OTH Discharge

In 1985 I was discharged with an OTH. I had a special court martial did my confinement and had 2 months left on active duty. I was told I could Admin out and went home. I was not recomended for discharge at CM. DD-214 mailed to me with OTH Drug abuse. After 20 years do I stand a chance of getting upgraded?


Asked on 9/06/07, 11:41 am

3 Answers from Attorneys

John K. Harris Attorney at Law

Re: Upgrade OTH Discharge

It may be possible. Feel free to contact me if you need help.

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Answered on 9/06/07, 11:43 am
Michael Eisenberg Law Office of Michael D.J. Eisenberg, Attorney and Counselor at Law

Re: Upgrade OTH Discharge

It may be possible.

Feel free to contact me if you would like to set up an initial consultation, free of charge. If we set up an appointment, I'd be happy to initiate the call in order to save you in long distance charges.

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Answered on 9/06/07, 12:21 pm
Philip D. Cave Military Law & Justice

Re: Upgrade OTH Discharge

1. The Discharge Review Board won't have jurisdiction of your case, because of the 15 years limitation. You'd have to try the Board for Correction of Military Records. Those are very difficult to have success at after such a long time. It would depend on the "drug" involved, and what you've done with your life since discharged.

Sincerely, court-martial.com

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Answered on 9/08/07, 8:12 pm


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