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Can I get my General Discharge upgraded?

Montgomery, AL |
Filed under: Military law

I was discharged after two years of service in the army reserves for failing a drug test.

Attorney Answers 3


Every case is different. But absent you being able to prove that you did not use drugs, the odds are not in your favor.

This post is for information purposes only and does not constitute legal advice, nor does it establish an attorney client relationship with Mr. Cassara.

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Philip Douglas Cave

Philip Douglas Cave


You would have to convince the DRB you did not do drugs and why you likely waived contesting that at the time of discharge. In the event you can't show either, then you are unlikely to get an upgrade. And if you were it would only be after you'd been discharged a very substantial amount of time, usually in excess of ten years.


In order to have your characterization of discharge corrected or upgraded the only option you have it to apply to the Army Discharge Review Board in Washington D.C. I currently have a case pending before the Board and am very familiar with the process. Feel free to give me a call to discuss further. The initial consultation is always free.

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VERY unlikely in the facts you provided.

NOT LEGAL ADVICE. FOR EDUCATION AND INFORMATION ONLY. Mr. Rafter is licensed to practice in the Commonwealth of Virginia and the US Federal Courts in Virginia. There is no implied or actual attorney-client relationship arising from this education exchange. You should speak with an attorney licensed in your state, to whom you have provided all the facts before you take steps that may impact your legal rights. Mr. Rafter is under no obligation to answer subsequent emails or phone calls related to this matter.

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