Legal Question in Military Law in Oregon

Re: Other than Honorable

It depends on a number of factors. But to initiate the process you must submit a timely petition to the Discharge Review Board of the Service from which discharged.

Re: Other than Honorable

You have a presnted a very simple question cloaked in a very complext matter. Generally, any person who has been discharged or dismissed, or his or her heirs or legal representative, may apply to the appropriate service's Discharge Review Board. The Army, Air Force, and Coast Guard have separate boards. The Navy operates the board for both Navy personnel and members of the United States Marine Corps.

Title 10, United States Code, Section 1553, is the law governing upgrading military discharges. This statute authorizes the Secretary of the service concerned "establish a board of review, consisting of five members, to review the discharge or dismissal (other than a discharge or dismissal by sentence of a general court-martial) of any former member of an armed forceunder the jurisdiction of his department upon its own motion or upon the request of the former member or, if he is dead, his surviving spouse, next of kin, or legal representative."

The Boards are not allowed to revoke a discharge, or recall a person to active duty. Bad conduct discharges imposed by Special Court-martials are reviewed only as a matter of clemency.

If you would like to discuss this further and in more detail, please do not hesitate to contact my office in Salem, Oregon or through email at [email protected].