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I was discharged with a General, under other than honorable for resigning in lieu of Court Martial. Can I get this upgraded?

Meridian, ID |

There was a field grade article 15 for actions down range, my rank at the time was CW2. Beyond the discharge, all records were restricted.

Attorney Answers 5

Posted

You have 15 years to apply. Whether it will be successful depends on the particular facts of your case. I agree with Mr. Stackhouse that you are likely in for an uphill battle. Like him, I would be happy to review your case free of charge.

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

Posted

It will largely depend on what allegations of misconduct were pending at the court-martial. Some, such as drugs, sex, pornography, will be a likely bar to an upgrade from a general to full honorable.

Asker

Posted

However, an upgrade from a general: other than honorable to a General: Under honorable represents a significant change in VA benefits including use of the GI Bill. A full honorable may not be required to meet the Veteran's needs.

William Emil Cassara

William Emil Cassara

Posted

There is no such thing as a General Other Than Honorable. There is an Other Than Honorable, and a General (under honorable conditions).

Seth A Director

Seth A Director

Posted

Asker, Mr. Cave and Mr. Cassara have extensive experience in the area. One thing to be aware of is you may otherwise be eligible for GI Bill benefits if you had a prior discharge with an honorable characterization of service (which I assume is the case if you were a CW2 at the time of discharge). Good Luck

Posted

It's possible thru the Discharge Review Boards. Difficult, but possible. General to honorable is hard anyway, but since it was in lieu if court-martial it's even harder. I can discuss it with you in a free consultation at my office number. But to answer your question - yes.

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Posted

Take Mr. Stackhouse up on his offer.

In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights.

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Posted

In order to have your characterization of service upgraded you have to apply to the Army Discharge Review Board (ADRB). Additional information is available on my website. Call me for a free consultation. Good luck.

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Posted

Technically you can have this upgraded, but it is going to be an uphill battle. Two factors are going against you, the first is that you were were discharged via a Chapter 10 or SILT. The second factor against you is that you are trying to upgrade from a general to an honorable. Each case is unique and will be based on the facts, but if you want a shot at upgrading, I recommend you work with a lawyer who specializes in this area. This is not something our law firm would handle.

THIS POST PROVIDES GENERAL GUIDANCE AND DOES NOT, IN ANY WAY, FORM AN ATTORNEY - CLIENT RELATIONSHIP WITH THE ORIGINAL POSTER.

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