Legal Question in Military Law in Washington

upgrade my military discharge

I was given a bad conduct discharge from the Air Force in 2001. I would like to get it changed to a general discharge. How do I do that?


Asked on 1/15/08, 5:36 pm

4 Answers from Attorneys

Todd Hammond Todd S. Hammond, P.C.

Re: upgrade my military discharge

You have a presnted a very simple question cloaked in a very complext matter. Generally, any person who has been discharged or dismissed, or his or her heirs or legal representative, may apply to the appropriate service's Discharge Review Board. The Army, Air Force, and Coast Guard have separate boards. The Navy operates the board for both Navy personnel and members of the United States Marine Corps.

Title 10, United States Code, Section 1553, is the law governing upgrading military discharges. This statute authorizes the Secretary of the service concerned "establish a board of review, consisting of five members, to review the discharge or dismissal (other than a discharge or dismissal by sentence of a general court-martial) of any former member of an armed forceunder the jurisdiction of his department upon its own motion or upon the request of the former member or, if he is dead, his surviving spouse, next of kin, or legal representative."

The Boards are not allowed to revoke a discharge, or recall a person to active duty. Bad conduct discharges imposed by Special Court-martials are reviewed only as a matter of clemency.

If you would like to discuss this further and in more detail, please do not hesitate to contact my office in Salem, Oregon or through email at [email protected].

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Answered on 1/16/08, 12:03 pm
John K. Harris Attorney at Law

Re: upgrade my military discharge

You or your future attorney can submit an upgrade discharge requst to the appropriate discharge review board. Feel free to contact me if you need help.

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Answered on 1/16/08, 3:37 pm
Michael Eisenberg Law Office of Michael D.J. Eisenberg, Attorney and Counselor at Law

Re: upgrade my military discharge

My office handles Military Records' Changes. You may have some options; however, I need to know more details to better assess the situation.

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 1/15/08, 5:42 pm
Philip D. Cave Military Law & Justice

Re: upgrade my military discharge

www.military-discharge-upgrade.com

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Answered on 1/15/08, 6:03 pm


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