Can it be? Yes. Is it likely? Depends on many circumstances, but the odds are low. If this was from a General Court-martial, you can apply to the Board for Correction of Naval Records, but they rarely, if ever, upgrade discharges like this. If it was a Special Court-Martial, your odds are better, but not by much. If you can provide a little more detail (nature of court, nature of charges) I can probably give you a better idea.
The Board of Corrections of Naval Records has the ability to upgrade BCDs. Generally, you have only three years from the time of the injustice to get the upgrade considered, but they will consider cases outside that time frame where justice demands it. Check out the link below to the BCNR.
Andrew Cherkasky of Cherkasky Law, LLC is an Illinois attorney focused on military & criminal defense. The advice given does not form an attorney-client relationship. The advice above is intended to educate on general legal principles and theories and should not be considered state specific advice. Please call anytime, day or night, to discuss further, 703-314-6475.
Yes. Slim odds though. BCD, even slimmer than OTH as you might imagine. Provide a few more facts as Attorney Cassera suggested and you can get a better idea if the odds are slim or none.
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