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Military upgrade need information

Oak Hills, CA |

I enlisted in the Marine Corps in 1996 and discharged in 1999 with an OTH discharge for testing positive for marijuana use one time. My contract was cut short 8 months of 4 years. During my discharge process I stood before the discharge board (after I was court martialed and sentenced to the brig). The discharge board was mad up of a Colonel, a captain, and a staff sargeant. The staff sargeant was the only hispanic on the board. Since I am also Hispanic, dont I have the right of having a board made up of more hispanic members. Can I use this to requests and upgrade of my discharge to an Honorable. I served among my fellow marines for over a year as a private with no rank before they finally discharged me. Why didnt they discharge me sooner?. What are my chances of upgrading my discharge?.

Attorney Answers 3

Posted

The chances of getting a discharge upgrade are based upon many factors as to the totality of your service in the Marine Corps. A more reasonable request based upon the court-martial and the discharge recommendation by the board would be to request a General discharge. The make-up of the board seems to be in compliance with regulations. Although the race of board members is a factor, there is no requirement that a board consisting of three members has to be made up of a majority of a respondent's race. There are many qualified attorneys on AVVO that can discuss your discharge upgrade, contact a few of them for a consultation.

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Posted

The Navy Discharge Review Board looks at many factors in deciding whether to upgrade a discharge. I can tell you that the makeup of the Board appears to comply with legal requirements. But other issues may lead to you getting an upgrade. Feel free to e-mail me so I can assist in evaluating your case.

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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Posted

The standard USMC rule is at least one. So that in itself is unlikely to be a reason for upgrade.
The Navy DRB is the toughest of the Boards to win at.
It's "drugs." However, we have seen some with marijuana get upgraded to a General.
You should make the effort regardless of a change of success.
Keep in mind you only have 15 years from the date of discharge to apply.
You should ask for a personal appearance hearing for a greater chance of success.
They will take a hard look at your life since discharge. Often your post-service conduct and actions is the key to getting an upgrade. I would encourage you to focus on that.

www.court-martial.com; www.court-martial.us.com; mljucmj@gmail.com 703-298-9562, 800-401-1583. Answering your question does not create an attorney-client relationship.

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