Legal Question in Military Law in Pennsylvania

I received a BCD in a General Court martial in 1980 for negilgent Homicide. I spent 4 months in the Brig and was returned to active duty for almost 4 years during the appellate process. 4 members of the court requested clemency and the removal of the BCD. And I recieved meritorious masts while awaiting the final determination. Is there a way I can get an upgrade from the BCD?

Asked on 1/21/10, 4:24 pm

1 Answer from Attorneys

Brent Diefenderfer CGA Law Firm

The discharge review board can only hear a case if you were discharged in the last 15 years and were not tried at a General Court Martial. You can apply to the Board of Correction of military records. I believe that applicants must file an application within 3 years after an alleged error or injustice is discovered or reasonably should have been discovered. The board may deny an untimely application. The board may excuse untimely filing in the interest of justice.

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Answered on 1/27/10, 8:55 am

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