Legal Question in Military Law in Florida

Re: Discharge Review Board or Courts Martial Appeal

Your options may be limited - it is impossible to tell without reviewing your case-file carefully. If your ADC managed to convince the Convening Authority to substitute an Administrative Discharge [the General under Honorable], that was a substantial bit of clemency, first of all. Second, if in fact there was such a "substitution," then you have no "conviction" and thus, there is nothing to appeal.

With respect to the "informants" in your case - admitting privately that they "lied" is one thing, but it is not legal "proof" sufficient to re-open your case. They would have to admit, under oath that they lied - which, if they are still in the military, would subject them to being court-martialed for either perjury or false official statements. If they are no longer in the military, they could still be prosecuted by the U.S. Attorney's office for similar offenses.

But, assuming that they are willing to sign an Affidavit under oath, you may have a decent chance - depending on the other evidence introduced in your court-martial - to seek relief from the Board of Correction of Military Records as well as the DRB.

I frequently handle cases such as yours and am a former AF JAG to include Senior Defense Counsel. If you would like to discuss this further, please email me at [email protected]

Regards,

Don Rehkopf