Legal Question in Military Law in California

Did I Get Screwed??

I was in the marine corps for 2 yrs and 3 months. before the kicked me out. upon seperations my marks in servfices(pro cons) ver 4.2 3.8 and they gave me an oth Other than honorable). i had one njp for underage drinking was never actually found to be drinking. i.e no blood test no breath test was pulled from my room and said some kid i went out in town with was found drunk and it was my fault they told us confess for the njp or get courtmarialed with out ever fully explaining our rights to appeal. then i got njpd again for ua because i missed the range for a medical appointment. then about a year later i got njpd because my first sgt found out i was getting out on a medical called me A ''Pussy'' and found something to charge me over. ua supposedly because i failed to report to the gym. to pt. i never hear the camand because i think it was never given. it was my word vs his and he was higher ranking. and at the time i was on light duty and couldn't pt any(semi severe car accident.) He charged me the final time and very expediently kicked me out less than 1 month for the whole process. So is there any way i can fight my oth and possibly get and honarble and my benifits(which i paid into)back??


Asked on 12/16/05, 6:34 am

1 Answer from Attorneys
Wayne Wisong Wayne Wisong, Attorney at Law

Re: Did I Get Screwed??

You would need to apply to the Department of Defense Discharge Review Board in Washington, DC for a discharge upgrade. The problem you are going to be facing is that all these njp's are essentially guilty pleas. But, depending on the exact circumstances, it might not be hopeless. Feel free to contact me for further consultation.

Wayne W. Wisong, Attorney at Law

Admitted to California Bar: December, 1979

Admitted to Georgia Bar, December 1990

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Answered on 12/16/05, 9:33 am


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