Legal Question in Military Law in Pennsylvania

OTH from the navy

my 19 year old son (nuke program)was discharged with an OTH two weeks ago. The end of July he was on liberty and can back to sleep off a night of drinking with other older guys, he got caught and sent to captain mast. punishment was restricition and drop in pay and E3 to E2. two weeks later while on restriction, one of the older guys (24) in restriction had someone get them beer. they got drunk and went UA for two days - captain mast again. my son just signed everything they told him. he asked no questions, his PO said tell the truth at captain mast and most liking to put back of restriction, and he did. two days later he was told he is out with OTH reason for administrative separation is misconduct - pattern of misconduct and commission of a serious offense. from start to finish 3 weeks. he knows that what he did was wrong but he was under so much stress. now he is home with only 1 form - administrative separation processing notice. no other paper work. is there anything we can do now?


Asked on 9/07/07, 8:33 pm

3 Answers from Attorneys
Michael Eisenberg Law Office of Michael D.J. Eisenberg, Attorney and Counselor at Law

Re: OTH from the navy

There may be some options.

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 9/08/07, 8:53 am
John K. Harris Attorney at Law

Re: OTH from the navy

Your son could possibly hire an attorney to represent him in his discharge upgrade case. Your son can contact me if needs help.

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Answered on 9/08/07, 3:49 pm
Philip D. Cave Military Law & Justice

Re: OTH from the navy

1. Does he not have a DD Form 214 with him also? That is the form that a person is given when a discharge is executed. Your time-line seems a little quick for all of that to be accomplished.

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Answered on 9/08/07, 8:06 pm


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