i am getting an oth with re 4 code for failing a drug test can i have that up graded to honorable ?i beat ther court martial because the guy who gave the drug test messed up many times before but at the admin sep i was found guilty.
3 Answers from Attorneys
Let me begin by clearing up a lot of bad "barrack's law." Yes, it is possible to have an Discharge "upgraded" after an Admin Sep Board - but, it is NOT easy, is NOT automatic, NOT guaranteed, and NOT cheap. It is almost impossible to do it without a competent attorney. By "competent," I mean someone who practices "military law" and who was a former JAG.
The most important thing for you to do right now, is to have your Defense Counsel get copies of all of the tapes/transcripts from your court-martial, if you don't already have them. Make sure that you save copies of all of your court-martial paperwork and all of the Admin Sep paperwork, to include THAT transcript.
There are other issues to consider, but email me privately as this is a "public" forum and nothing here is protected by any attorney-client privilege.
1. Did you waive your Board. If you did, that may make it more difficult to get an Upgrade.
It may be possible to have your RE Code upgraded. Feel free to contact me if you need help.
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