I was issued a GOMOR for adultery ( Legally separated with a pending divorce case in court at the time ) and violation of a no-contact order( the lady continued to call my phone) which led to an Administrative Discharge from the Army. During the Investigating process, I questioned the Unit's charge of adultery based on a sub section of Article 134 which indicates that legal separation mitigates the charge of adultery. The TDS informed me that the unit claims that doesn't apply. I tried to fight the case using TDS but it seems like a conspiracy system in the legal system at the Post. I was administratively discharged and issued a GD. Based on the evidence presented it appears that my case biasly and unfairly handled. In addition, there were erroneous statements in the GOMOR i received.
I am guessing you had under 6 years and were E-4 or below. They went with the administrative discharge because this would never held up at a Court-Martial. The burden of proof would have been too high. I am guessing no administrative board either. Your only avenue is to go to the discharge review board. If you are looking to wipe out the discharge itself, you can apply to the Board for the correction of military records. The upgrade is based upon the defense that the level of discharge was too severe for the offense. The appeal to the board for the correction of military records is that the discharge should never have happened in the first place. I give a free telephone consultation if you like to call and discuss the particulars of your case.
Mr. Port gives good counsel. Your only recourse is to petition the Discharge Review Board. If this is a priority of yours them we can help. Read my Avvo profile and when you are ready to speak on the matter please call...we offer free consults.
Military Law Attorney
In order to have your characterization of discharge corrected or upgraded the only option you have it to apply to the Army Discharge Review Board in Washington D.C. I currently have a case pending before the Board and am very familiar with the process. Additional information is available on my website. Feel free to give me a call to discuss further. The initial consultation is always free. Best of luck.
You have two options here, depending on what you are seeking and the particular facts of your case. These cases are very fact specific and will likely require a thorough review by an experienced military law attorney. I have handled numerous cases like yours, and would be happy to review your documentation and consult with you.
This post is for information purposes only and does not constitute legal advice, nor does it establish an attorney client relationship with Mr. Cassara.