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How can my husband get an OTH discharge upgrade?
El Paso, TX
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Posted 6 months ago in Military Law
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My husband was OTH discharged from active duty army on several alleged charges of sexual harassment. I think he did waive the board however I do not think he was fully informed of all his rights. He is an OIF vet with 18 years 8 months of service. Where do we go from here? Is there anything we can do at this point to have the discharged upgraded?
Answers (2)
Lu Ann Trevino
This attorney is licensed in Texas.
Posted 6 months ago.
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These comments are made for educational purposes only and do not constitute legal advice. No attorney-client relationship exists between us.
It seems odd that he would waive a board hearing on this matter considering how close he is/was to retirement. If you can't find an attorney on Avvo, you should call the El Paso Bar Association. There should be many attorneys with UCMJ experience in the area. 
Stephen Hayes Carpenter JR
This attorney is licensed in Oregon and 1 other state.
Posted about 1 month ago.
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Yes. Generally, your husband might get that OTH changed to a General (under honorable conditions) or Honorable Discharge, depending on the merits of his specific case. Each individual branch of military service maintains boards that consider appeals of adminisrative separations. The Army offers the Discharge Review Board and Army Board for Correction of Military Records. You have the right to legal representation during both administrative procceses, but it is not required. An application for relief can result in his receiving a better discharge characterization, a change in his reenlistment code and/or a new narrative section on his DD-214. I recommend that you speak with legal counsel to explore these various options. Good luck!
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