Legal Question in Military Law in Wisconsin

upgrading discharge

I was discharged with an oth from the navy in 2002. long story short when i was in i decided that the navy just wasn't for me. my husband filed for divorce and i missed my two daughter a lot. i try going through my chain of command for help but got none. i went ua for a short time thinking i would get kicked out but that didn't happen. i was placed on restriction, stripped of my clearance and was going to be sent out undesignated...the cmc told me that i knew what i had to do to get out. i was desperate so i left again(ua) and this time i used drugs to ensure i tested positive so they would have to kick me out. now, years later, i am going to nursing school...but i am afraid the discharge will keep me from being able to become registered as nurse. can i have the discharge upgraded.


Asked on 8/16/07, 2:24 am

4 Answers from Attorneys
Michael Eisenberg Law Office of Michael D.J. Eisenberg, Attorney and Counselor at Law

Re: upgrading discharge

It may be possible.

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 8/16/07, 5:54 am
Patrick Tracy Patrick J. Tracy, Esq, P.E.,

Re: upgrading discharge

The answer is that it depends. You must show mitigating circumstances that provoked your action. Alternatively, you can show that you have turned your life around as a civilian. You just have to apply and see what happens.

Good Luck!

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Answered on 8/16/07, 5:55 am
John K. Harris Attorney at Law

Re: upgrading discharge

Your future attorney can submit a discharge upgrade request to the appropriate discharge upgrade review board. Feel free to contact me if you need help.

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Answered on 8/16/07, 9:58 am
Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: upgrading discharge

It is possible to submit an application to the board for the correction of military records. You will need assistance from an attorney who has done this kind of work before. This is very important because the work is technical.

If you are successful, you can expect a discharge upgrade perhaps to general.

If you are not sucessful, there is still a chance you can sit for the nursing boards and obtain a nursing licensure. But you will need to demonstrate your current fitness to hold that license, and that means you have to be squeaky clean after the military.

I wish you the best of luck. The other attorneys who have answered your query apparently do this work and can assist you. You should probably contact one of them if you want to pursue this.

Good luck

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Answered on 8/16/07, 10:18 am


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