Legal Question in Military Law in Virginia

Oth

I have been in the Navy for 2 years and the command I am at is trying to send me to court marital for dating another student at the school I am stationed at. They say I broke a rule on the page 13 I signed, but the page 13 I signed specified no relationships in the barracks. It is now 10 months after we reported and we have a daughter together and this legal stuff is holding up the family care plan we can't complete. I am so tired of dealing with it that I offered my superiors the option of giving me an OTH dicharge so that it would all be over with in a timely manner. Can I get the OTH chaged to a general or an honerable discharge later? If so, how?


Asked on 5/12/08, 2:00 pm

1 Answer from Attorneys

William J. Holmes Attorney at Military Law

Re: Oth

If you accept an OTH now, you will NOT get it changed later. A lot of people are told that it can be changed, but that is not true in most cases. The bad word gets sent out because the commands just want the young sailors to give up their rights and take the OTH because that is easy for the command and they do not have to do any work. If you do not feel like you violated the page 13, then fight it.

Please feel free to contact me if you have any further questions.

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Answered on 5/13/08, 10:11 am


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