Legal Question in Military Law in Hawaii


i am getting an oth with re 4 code for failing a drug test can i have that up graded to honorable ?i beat ther court martial because the guy who gave the drug test messed up many times before but at the admin sep i was found guilty.

Asked on 9/05/07, 5:21 pm

3 Answers from Attorneys

Donald G. Rehkopf, Jr. Brenna, Brenna & Boyce, PLLC

Re: oth

Let me begin by clearing up a lot of bad "barrack's law." Yes, it is possible to have an Discharge "upgraded" after an Admin Sep Board - but, it is NOT easy, is NOT automatic, NOT guaranteed, and NOT cheap. It is almost impossible to do it without a competent attorney. By "competent," I mean someone who practices "military law" and who was a former JAG.

The most important thing for you to do right now, is to have your Defense Counsel get copies of all of the tapes/transcripts from your court-martial, if you don't already have them. Make sure that you save copies of all of your court-martial paperwork and all of the Admin Sep paperwork, to include THAT transcript.

There are other issues to consider, but email me privately as this is a "public" forum and nothing here is protected by any attorney-client privilege.


Don Rehkopf

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Answered on 9/05/07, 5:39 pm

Philip D. Cave Military Law & Justice

Re: oth

1. Did you waive your Board. If you did, that may make it more difficult to get an Upgrade.

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Answered on 9/05/07, 5:49 pm
John K. Harris Attorney at Law

Re: oth

It may be possible to have your RE Code upgraded. Feel free to contact me if you need help.

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Answered on 9/06/07, 11:41 am

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