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

Asked over 1 year ago - Norfolk, VA

Can a BCD be upgraded

Attorney answers (4)

  1. Rixon Charles Rafter III

    Contributor Level 20

    6

    Lawyers agree

    Answered . 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.... more
  2. William Emil Cassara

    Pro

    Contributor Level 18

    7

    Lawyers agree

    Answered . 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.

  3. Philip Douglas Cave

    Pro

    Contributor Level 17

    5

    Lawyers agree

    Answered . 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... more
  4. Andrew David Cherkasky

    Contributor Level 10

    5

    Lawyers agree

    Answered . 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... more

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