Can I change my reentry code or get my discharge upgraded if I was chaptered in violation of my due process rights?

Asked over 1 year ago - Round Rock, TX

I was given a Gen. Under Hon. Conditions discharge with an RE code 3 right before the end of my contract. What happened was I got arrested on a suspicion of driving while intoxicated. And then before I even went to court or got convicted I was chaptered for 'commission of a serious offence'. I went to base legal 3 times and none of the JAG officers I saw would advise me because of the fact there was no conviction, no police report and at that point nothing had taken place on the criminal side. However, my command still proceeded with the separation and chaptered me, violating my 5th amendment rights as I didn't get convicted until a month AFTER MY ORIGINAL ETS DATE. I have copies of my chapter packet and I also have a good service record (1 tour, many awards). What are my chances?

Additional information

I have a pretty good service record, indicated on my DD214.
4 years of service, no Art 15's, 1 tour in Iraq, many awards including ARCOM, AAM, Combat Action Badge, Iraqi Campaign Medal with 2 stars and a Good Conduct Medal. Also, I reenlisted while I was deployed so my first 22 months of service are fully Honorable.
I really think that this discharge was BOTH inequitable and improper.

Attorney answers (3)

  1. William Emil Cassara

    Pro

    Contributor Level 18

    2

    Lawyers agree

    Answered . The command is not required to wait until the civilian court process completes to chapter you. So if the command had reason to believe you committed the offense, they can chapter you, even if you are never prosecuted. That being said, no one can tell you whether you have a chance at getting your discharge upgraded without knowing more info. You should have a lawyer review your paperwork and advise you. Most of us on AVVO offer free consultations.

    This post is for information purposes only and does not constitute legal advice, nor does it establish an attorney... more
  2. Philip Douglas Cave

    Pro

    Contributor Level 17

    1

    Lawyer agrees

    Answered . You will have to petition the discharge review board.
    There is no bar to processing for separation due to a serious offense. They could have taken you to court-martial on the DUI (no double jeopardy) and so it is considered a serious offense. The fact you were later convicted will be an additional factor against an upgrade the discharge. And there will not be a change to the RE code because it's alcohol and DUI related.
    You can apply, and occasionally people are successful, but I rate your chances low.

    www.court-martial.com; www.court-martial.us.com; mljucmj@gmail.com 703-298-9562, 800-401-1583. Answering your... more
  3. John Daniel Hafemann

    Contributor Level 12

    1

    Lawyer agrees

    Answered . In order to have the characterization of discharge corrected or upgraded and your RE code changed the only option you have it to apply to the Army Board for Correction of Military Records (ABCMR). Learn more at: http://arba.army.pentagon.mil/abcmr-overview.cfm. I currently have a case pending and am very familiar with the process. You can find more information on my website. Feel free to give me a call to discuss further. The initial consultation is always free.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

26,857 answers this week

3,068 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

26,857 answers this week

3,068 attorneys answering