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Getting a general under honorable conditions upgraded

Boone, NC |
Filed under: Military law

After 6 years in the Navy I joined the national guard, when i joined the unit i was in deployed. I was left behind as I had just gotten off a tour and persuaded my commander to let me get a job and settle into civilian life. After working at my new job 3 months, I decided I wanted to go back into active duty. I was told not a chance. So I made a poor choice and quit showing up, asking for a transfer . I got a call shortly after saying I had been transferred to the IRR and that the state didnt have any units that met my job needing personal. I thought the IRR was just like the 2 years inactive i had to do anyway. I never received a hear, reduction in rank or even the discharge. I found out I had been discharged with a GUOC and RE 3 though request, I still get my benefits as im in college

I just recently submitted for a records review and also sent in my navy dd 214 to them. It shows six years of exemplary service, and the army records i requested didn't have any negative records in them besides the discharge which wasn't a 214 it was another form because I had not been active for 90 days with them.

Attorney Answers 2


What is your question? Can you appeal? What do you want to appeal? First you need your documents. I would start by doing a Privacy Act request to your last unit. Be specific.

This advice is generic and not designed to substitute for consulting an attorney. Nothing in this response is designed to establish an attorney-client relationship with the requester.

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Would the privacy act request get my any more information than the request i made to the army's national records center? I got only 2 or 3 papers from them one basically stating that I hadnt been in long enough to have a record and the a discharge form. My question is can this be appealed if the records review does not change the upgrade for whatever reason?



discharge instead of upgrade in that last sentence

Crystina Marie O'Brien

Crystina Marie O'Brien


See the answer below. Sorry I did not get back earlier, I was offline.


In order for the Army to lawfully discharge you, they are required to give you written "notice" that (a) they are proposing to discharge you (and the reason(s) why); and (b) the nature of the proposed discharge, e.g., GUOC.

If that did not happen or if it did and you still feel that they were wrong, you need to file a petition to upgrade your discharge with the Army Discharge Review Board.

I would recommend that you at least consult with an attorney experienced in military law related issues - there are a number of ex or retired JAG's in NC - to advise you on how best to handle your matter at the Review Board.

Good luck!

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