Legal Question in Military Law in Michigan

Discharge Review Board & Board of Correction

1. Can you make an appeal directly to the board of correction (not drb) and ask for relief through discharge upgrade and/or setting-aside of a negative discharge, or can you only ask the BOC to set aside the discharge (1 thing) if you haven't gone through the DRB yet to ''upgrade'' discharge? What is everyones opinion on the best strategic approach to the two boards game (I know specifics required to say for certain, but in general)?

2. What provisions of the Administrative Procedures Act (arbitary & capricious) applies to the military? Does the DRB and/or Board of correction have the power (or care) to entertain complaints under the admin procedures act?


Asked on 5/12/09, 9:39 am

2 Answers from Attorneys
Patrick Tracy Patrick J. Tracy, Esq, P.E.,

Re: Discharge Review Board & Board of Correction

This is billable work with most attorneys and is not a simple question to be answered on a bulletin board.

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Answered on 5/12/09, 9:42 am
Brent Diefenderfer CGA Law Firm

Re: Discharge Review Board & Board of Correction

You can either apply to either board, but each has a different time period for which you are eligible to make your petition. The ABCMR has the longest time period for which you are eligible.

If you'd like to discuss how to best develop your evidence, determine whether legal error exists and the most persuasive way to draft your petition, email me privately at your convenience.

[email protected]

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Answered on 5/14/09, 6:18 pm


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