Legal Question in Military Law in Virginia

Re: upgrading a Bad Conduct Discharge

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 sit down with a lawyer and discuss the details of your situation so that he/she can outline what your options might be.

Good luck!

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Re: upgrading a Bad Conduct Discharge

It may be in your best interest to have an attorney submit a request to the Naval Discharge Review Board to have your discharge upgraded as a matter of clemency. The Naval Discharge Review Board, however, will only review a Bad Conduct Discharge if it was issued by a Special Court-Martial.