Legal Question in Military Law in Pennsylvania

Discharge Upgrade

What would I have to do the get an Other then honorable discharge


Asked on 5/21/09, 4:20 pm

1 Answer from Attorneys

Brent Diefenderfer CGA Law Firm

Re: Discharge Upgrade

Congress established standing boards to review appeals from Soldiers. While an upgrade is not automatic, you can apply for an upgrade via the Discharge Review Board or Board of Correction for Military Records. Depending on why you were discharge and whether the military followed the rules in giving you a discharge, you may be able to get an upgrade. For instance, if you they discharged for pattern of misconduct, they need to provide a lengthy counseling records and "magic language" to substantiate the discharge. An attorney knowledgeable in military law can identify those errors in your paperwork and help you to develop extenuation and mitigation evidence to present on an appeal.

I assist former soldiers in making appeals to these boards as part of my private practice. Contact me over email if you'd like to discuss specifics.

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Answered on 5/22/09, 7:28 am

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