Legal Question in Military Law in California

Doomed for life?

I went UA in 1993 right out of boot camp. I was gone for 7 months and then returned to SOI. I received a SPCM and a BCD. My question is why some marines receive different discharges for the same offense. I know what I did was wrong but I was very young. My discharge papers came in 1996 after I spent 3 months in the brig. Is there a way I can upgrade this or am I doomed for the rest of my life with the BCD?

Thank you.


Asked on 11/26/07, 3:50 pm

3 Answers from Attorneys
Philip D. Cave Military Law & Justice

Re: Doomed for life?

You can try to upgrade through the Navy Discharge Review Board. You have up until 15 years after the date of dicharge on your DD214.

www.military-discharge-upgrade.com

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Answered on 11/26/07, 4:06 pm
Michael Eisenberg Law Office of Michael D.J. Eisenberg, Attorney and Counselor at Law

Re: Doomed for life?

Each situation is different - it is not as simple as comparing your discharge with another.

As for your discharge, you may have some options; however, I need to know more details to better assess the situation.

Feel free to contact me if you would like to set up an initial consultation, free of charge. If we set up an appointment, I'd be happy to initiate the call in order to save you in long distance charges.

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Answered on 11/26/07, 4:26 pm
John K. Harris Attorney at Law

Re: Doomed for life?

You or your attorney can submit a legal brief to the appropriate discharge review board requesting to have your discharge upgraded. Feel free to contact me if you need representation.

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Answered on 11/27/07, 7:48 am


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