Legal Question in Military Law in Maryland

General Under Honorable, KFS-870, RE-04

While in the Navy from 1976-1979, I was discharged after going AWOL several times. I entered the day I signed seperation papers and while in, my wife divorced me. I am a counselor(14yrs) and have since learned I had been suffering from an ''adjustment disorder with depression'' while in the Navy. Before I left the first time I tried to speak with the communications officer, doctor on board, but no one listened. I remember being threatened by the Master at Arms and thinking ''I don't care if you ''put me in the hospital'', infact I wish you would, but he just kicked me around because I was apathetic about mess duty.''

After I left the first time in a UA status for several weeks, I was stripped of my security clearance.(I was a radioman on an LST) After that I was stripped of my radiomans status. I then gave up all together. I received a general discharge under honorable conditions. I tried to get it upgraded siting my ''adjustment disorder'' condition and the wife divorcing me, but the review board said No upgrade and they admitted I was discharged in error with a general under honorable. saying I got a good deal but I never had my rights given to me upon discharge and they document it is not in my record. Can I get it upgraded?

Asked on 2/15/08, 7:51 pm

2 Answers from Attorneys

Patrick Tracy Patrick J. Tracy, Esq, P.E.,

Re: General Under Honorable, KFS-870, RE-04

I don't know how long ago you applied to have it upgraded. However, there are appellate processes you can use to overturn the first stage denial. The probability of overturning the denial is small but may be worth a shot if you choose to pursue it.

Good Luck!

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Answered on 2/16/08, 4:57 am
Michael Eisenberg Law Office of Michael D.J. Eisenberg, Attorney and Counselor at Law

Re: General Under Honorable, KFS-870, RE-04

My office handles Military Records' Changes. You may have some options; however, I need to know more details to better assess the situation.

Feel free to contact me if you would like to set up an initial consultation, free of charge. If we set up an appointment, I'd be happy to initiate the call in order to save you in long distance charges.

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Answered on 2/16/08, 7:35 am

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