Legal Question in Military Law in Tennessee

Upgrading OTH discharge/Naturalization process

My husband was granted leave after about 5 weeks in basic training because I lost our first child to miscarriage and had to undergo a D&C to remove the baby. He was concerned about my mental well being and blamed himself for the miscarriage since he wasn't there to help with the household. He never went back to complete basic training and so was eventually classified as a deserter. He did report to Ft.Sill after many weeks and was given an OTH discharge. He is a permanent resident alien seeking to obtain naturalization after years of procrastination but apparently this discharge is going to prevent that. Does he have any options?

Asked on 1/11/08, 3:08 pm

2 Answers from Attorneys

John K. Harris Attorney at Law

Re: Upgrading OTH discharge/Naturalization process

You future attorney could possibly submit a discharge upgrade request to the appropriate discharge review board. Your husband can call me if he needs help with his case.

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Answered on 1/14/08, 11:32 am

Donald G. Rehkopf, Jr. Brenna, Brenna & Boyce, PLLC

Re: Upgrading OTH discharge/Naturalization process

Your husband is in a tough bind and I sympathize with both of you. There are options, but I'm not going to mislead you into thinking that they're guaranteed because there are many factors.

If he could get the discharge "upgraded" that could be the easiest solution. I (or any attorney for that matter) need more specific information to advise you in more detail about potential options. But, this is not a privileged forum, so if you'd like, please email me at [email protected] and we can then look into this more appropriately.

Good luck in any event.

Don Rehkopf

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Answered on 1/11/08, 4:38 pm

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