When I was deployed overseas I had a hand injury which resulted in a tendon rupture and couldn't bend my finger. My medical officer told me that I would be medically discharged and was medevac out due to fact there were no hand surgeons overseas. I first arrived in Landstuhl Germany and stayed there for 2 weeks until arriving back to Ft. Drum in a WTC unit. I was taken out of WTC and stationed with my rear detachment of my unit that was still overseas. Months went by and finally received my surgery. Muscle from my ankle was removed and put into my hand. I now can bend my finger but cannot fully straighten the finger. I was still under the assumption I was getting out for almost a year until my unit came back and my commanders tried to keep me in.
If you applied to the Discharge Review Board, and you had what is called a "records review" (you did not appear in person) you are entitled to a hearing before the Board. If you were denied after a hearing, you can apply to the Army Board for Correction of Military Records. But many more facts would be needed to evaluate your case. Recommend you consult with a Military Law Attorney. Most of us here on AVVO offer free consultations.
This post is for information purposes only and does not constitute legal advice, nor does it establish an attorney client relationship with Mr. Cassara.
As Mr Cassara has explained, there are potential avenues still to pursue an upgrade. I suggest you consult with a specialist and go from there.
Confusing fact pattern and not enough facts... you said your commanders tried to keep you in - but then how did you get discharged and with what characterization?
You never mentioned the actual situation that caused the FTR... and that is extremely unusual to be discharged for an FTR with less than an Honorable discharge especially, particularly when you're awaiting an MEB.
Not sure where you're really at with being denied an upgrade...? Who did you appeal to?
*NOT LEGAL ADVICE. YOU HAVE NOT PAID ME A RETAINER. WE DO NOT HAVE AN ATTORNEY CLIENT RELATIONSHIP. This is general information for educational purposes only. You should always hire a lawyer and reveal all the unique facts to get the best answer for your unique situation. Answering this question on a public forum does not create an attorney-client relationship.
If you haven't had a personal appearance hearing yet and are still within the 15 years, ask for one - and then prepare a good package and a good presentation. It is true that you will have a better chance at success if represented by a lawyer who is familiar with the process and the Board. If you've had your PA hearing, then it's the ABCMR. But just applying to them isn't going to help necessarily, you'll likely get the same result. You need to figure out the best way to present yourself - either way.
Answering your question does not create an attorney-client relationship. Every case is different and a resolution depends on a thorough review of applicable facts and law. No attorney can guarantee a particular outcome or result.
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