How do i sue the united states marine corps?

Asked over 4 years ago - Pennsylvania

When i was in the marine corps i was kicked out because i was addicted to a controled substance. and in MCO P1700.24b, chapter 3, it says that if you say you have a problem, and you tell someone you have a problem then they have to help you. they didnt help and they seperated me from the marine corps. and in this marine corps order it says i have to go to sarp, rehab, before i can be discharged. if i dont go i have to sign a paper that says i dont want to go. non of this happened and they just pushed me out, without the proper steps being followed through with. i was a good marine and never got in any other trouble, no page 11, nothing bad in my folders. after going to afghanistan in 2008 and having several bad experiances, i did things when i got back that i regret and cant change. help!

Attorney answers (3)

  1. Forest Dean Morgan

    Contributor Level 17

    Answered . You cansue the Marine Corps for a decision to discharge you, but you will not be successful.

    Contact your local Veteran's Affairs Office. A dishonorable discharge can be converted to a general (other than honorable) discharge if you follow the appropriate steps.

    You made a mistake. But, it was your mistake, not the Corps' However,, if you learned the core values of Honor, Courage, and Commitment, you will move forward from this incident, get the help you need to address your issues.

  2. Brandon Wilson Barnett

    Contributor Level 7

    Answered . You cannot sue the Marine Corps, because of the Feres Doctrine which gives the Marine Corps sovereign immunity from such lawsuits. To challenge your discharge, however, you may submit an application to the Board for Correction of Naval Records (see link below). If you can provide evidence to show that your discharge was unjust, you may be able to be reinstated (if that is what you desire). You should probably see a local military lawyer for help in preparing for BCNR application as there are strict legal requirements you must follow.

  3. Eric L. Strom

    Contributor Level 12

    Answered . You have received some very good information. The Board of Corrections for Naval Records will be your best bet to get your discharge upgraded. Additionally, it is correct that you typically cannot sue the United States Government. However, there are exceptions.

    One of the most significant exceptions is the Federal Tort Claims Act (28 U.S.C. ยง 1346(b)) In essence, this waives the Government's Sovereign Immunity in the case of Liability "circumstances where the United States, if a private person, would be liable to the claimant in accordance with the law of the place where the act or omission occurred."

    It is nearly impossible to say whether or not you might have a claim without a lot more information. I would strongly recommend you sit down for a consultation with an attorney who specializes in representing military and former military members.

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