Legal Question in Military Law in Hawaii

Upgrade A Military Discharge.

Hello. I have recently got discharged with an Other Than Honorable Discharge For the USMC. I got It For Admitting Drug use on a statement. I had two piss test and was clean. i was Court Martialed and got brig time. Went to a discharge board and was given a OTH Suspened discharge. But supended was denied by the Comoanding General. Is there anyway way of upgrading this because i feel i was Wronged. any help is appreciated.

Asked on 8/22/08, 3:48 am

1 Answer from Attorneys

Philip Simmons Philip Simmons
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Re: Upgrade A Military Discharge.

If you went to a special court-martial and did not receive a BCD then the Marine Corps can not approve an OTH unless it goes through Headquarters Marine Corps.

If you went to a summary court-martial, and there was a recommend suspension, this is a recommendation and the approval authority for the discharge would be the first general officer in the chain of command...he or she is free to follow or not follow this recommendation

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8/22/08, 11:27 pm

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