Legal Question in Military Law in Oregon

Change Discharge

My husband went awol from the Army when he was just in bootcamp. He has since returned and got discharged. They said he could write a letter to change his discharge to ''general''. How does he go about this. We wants to return to the Army asap.


Asked on 1/17/09, 3:26 pm

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

Re: Change Discharge

They LIED.

He has to submit an Application to the Discharge Review Board first seeking an upgrade. If that doesn't work, then he must go to the Army Board for Correction of Military Records.

But, neither guarantees that he can re-enlist, especially with a General Discharge. He must also have his Reenlistment Code modified to one that permits reenlistment.

You could do this without a lawyer, but it is very difficult. There are a couple of lawyers in Colorado that handle military cases, and I recommend you hire one of them to assist you.

Good luck.

Don Rehkopf

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Answered on 1/17/09, 4:34 pm
Philip D. Cave Military Law & Justice

Re: Change Discharge

A person discharged with less than an honorable discharge can petition the (Army) Discharge Review Board. That petition can be submitted the first day after discharge up to fifteen years after. Whether or not it will be granted is a different situation. There are still people in the military who say there is an automatic upgrade after six months, this is NOT true.

Depending on the length of the UA and the reasons for the UA.

He might also inquire with the NG.

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Answered on 1/17/09, 7:56 pm


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