Legal Question in Military Law in West Virginia

upgrade of military discharge
Dear Sirs; I was discharged one year ago from the Marine Corp for failing a drug test. After a tour in Afghanistan and 20 months of unblemished service, this was my only offense. I was given a fine and a NJP. While in a H and S unit doing 45 days of duty,,,I was then put into a totally different unit and told that I would be ''forgiven'' and allowed to finish my 4 years. After continuing 6 more months of duty,,,out of the clear blue I was thrown out with no explaination and given on OTH. I would give anything to get an upgrade so I could get back in the sercice and once again have the opportunity to defend my country. I have truley learned a valuable lesson. Thank-you , J.O.

Asked on 10/21/04, 12:27 am

2 Answers from Attorneys

Donald G. Rehkopf, Jr. Brenna, Brenna & Boyce, PLLC

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Re: upgrade of military discharge

Well, you've got a really good shot at getting your discharge upgraded, but depending on how old you are, probably not a great shot of re-enlisting unless the NJP gets totally thrown out. Where in WVa do you live? Do you still have all of your paperwork for both the NJP and the OTH??? You generally only have 2 years from the date of your discharge to apply for an upgrade, although under rare circumstances, that could be extended. Email me privately with your name and phone number and I'll call you Friday. I'm in court all day Thursday. Check me out at

http://www.donaldgrehkopf.com/

Good luck,

Don Rehkopf

Answered on 10/21/04, 1:21 am

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