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Can a Bad Conduct Discharge from the United States Navy ever be upgraded? Was discharge in may 1999...

Norfolk, VA |

Can a BCD be upgraded

Attorney Answers 4

Posted

Can it be? Yes. Is it likely? Depends on many circumstances, but the odds are low. If this was from a General Court-martial, you can apply to the Board for Correction of Naval Records, but they rarely, if ever, upgrade discharges like this. If it was a Special Court-Martial, your odds are better, but not by much. If you can provide a little more detail (nature of court, nature of charges) I can probably give you a better idea.

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Philip Douglas Cave

Philip Douglas Cave

Posted

Sex and drugs are unlikely to receive any helpful result with NDRB.

Posted

The Board of Corrections of Naval Records has the ability to upgrade BCDs. Generally, you have only three years from the time of the injustice to get the upgrade considered, but they will consider cases outside that time frame where justice demands it. Check out the link below to the BCNR.

Andrew Cherkasky of Cherkasky Law, LLC is an Illinois attorney focused on military & criminal defense. The advice given does not form an attorney-client relationship. The advice above is intended to educate on general legal principles and theories and should not be considered state specific advice. Please call anytime, day or night, to discuss further, 703-314-6475.

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Posted

Yes. Slim odds though. BCD, even slimmer than OTH as you might imagine. Provide a few more facts as Attorney Cassera suggested and you can get a better idea if the odds are slim or none.

READ THIS BEFORE CALLING OR EMAILING ME: I am licensed to practice before the state and federal courts in Virginia. We have not established an attorney-client relationship unless we have a signed representation agreement and you have paid me. I am providing educational instruction only--not legal advice. You should speak with an attorney to whom you have provided all the facts, before you take steps that may impact your legal rights. I am not obligated to answer subsequent emails or phone calls unless you have hired me. I wish you the best of luck with your situation.

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Rixon Charles Rafter III

Rixon Charles Rafter III

Posted

That should read 'Cassara'--my bad iPhone skills......

Posted

Yes, you can apply to the Naval DRB up to 15 years from the date you received the DD214.
The NDRB is one of the hardest boards to get success.

www.court-martial.com; www.court-martial.us.com; mljucmj@gmail.com 703-298-9562, 800-401-1583. Answering your question does not create an attorney-client relationship.

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