Legal Question in Military Law in Georgia

Discharge upgrade

Navy service 2/81-7/84.Irecieved an oth re-4,i was an e-3 and got into a verbal confrontation(almost physical).he filed a bunch of charges against me-so i filed charges against him.my division officer said i cant file charges against a warrent officer,told him it was my right.came back and said i could go to capitans mast or get a discharge and go home.i was 20yrs old and hot headed so i took the discharge didnt look at it or care,just tired of the bs.any chance in getting an upgrade just enough to get VA home loan benefits.


Asked on 9/14/05, 7:00 pm

2 Answers from Attorneys
Donald G. Rehkopf, Jr. Brenna, Brenna & Boyce, PLLC

Re: Discharge upgrade

Yes, there is "a" chance to obtain an upgrade, but I cannot at this time tell you how good of a chance it might be. I would have to review ALL of your discharge paperwork and if you do not have it, you will have to contact the Military Records unit in St. Louis to get a complete copy of your personnel file. If you would like some more specifics, contact me at [email protected].

Thank you.

Don Rehkopf

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Answered on 9/14/05, 8:30 pm
Jason Pelt Goodall & Pelt P.C.

Re: Discharge upgrade

The first thing that is concerning is the number of years since your discharge. Normally there is a 15-year time limitation. If you can around the time issue, then the Board will upgrade your discharge only if you can prove that your discharge is inequitable or improper. You do this by providing evidence, such as signed statements from you and other witnesses or copies of records that support your case. Your own statement is important. Put your statement in clear terms in section 8 of the DD Form 293. Make sure you carefully read the instructions on the back of the form concerning issues. Explain what happened and why it is an inequity or improper. Good luck.

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Answered on 9/14/05, 9:16 pm


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