Legal Question in Military Law in Washington

HonorablyDischarged from Military at 18 years service

Good Afternoon,

I was given an Honorable Discharge from the Coast Guard in Jul 07. It came about thusly.

On 01 Mar 07 I asked my female roommate to vacate the premises due to non-payment of rent (roommate only...no romance!) One month later approx Apr 03, 2 Police Officers woke me at home and placed me under arrest for Domestic Violence and took me to jail. After 3 days, I was released on $500.00 bail. The Coast Guard Civilian Work/Life staff started an investigation due to an allegation of DV. In 1998 I paid for alcohol treatment and underwent an Administrative Board with a reccomendation of retention. In Apr of 07 when I was interviewed by the Coast Guard LCSW she asked about my program, and I responded honestly that in 10 years I had only had 2 slips, once 2 beers at a family reunion and one beer on a date. The social worker informed my Command, who started discharge proceedings. Subsequently, I was able to prove that I was in fact on DUTY at the time of the DV allegation, and all civilian charges were dropped. The discharge proceeded, with no NJP or adverse action for the civil involvement. Although given an Honorable Discharge, I feel my 18 years of service and retirement were stolen from me. Do I have any recourse?


Asked on 12/24/08, 5:30 pm

1 Answer from Attorneys
William J. Holmes Attorney at Military Law

Re: HonorablyDischarged from Military at 18 years service

Your only recourse would be to file a petition with the Board for Correction of Military Records in Washington, D.C. seeking to overturn your discharge. You would have to show that the discharge you were awarded was not appropriate, either factually or legally. If you can convince the Board of this, they can overturn the discharge, put you back on active duty with all that time counting and full back pay.

If you have any further questions, please feel free to contact me directly.

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Answered on 12/30/08, 1:41 pm


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