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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

  1. Best answer

    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.

  2. 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.

  3. 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.

  4. 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.

  5. 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.


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