Legal Question in Military Law in Virginia

Military Discharge

I was given a General Discharge under honorable contions in May 2007 a day before my End of Obligated Services expired. I had several felony charges against me and recently I've been found to be the victim in the matter and having letter stating so. I had 16 years within the military no court martials, captains mast, counseling chits, no problems at all. Expceptional sailor. I was wondering if I could get re-instated back into the military to finish up and recieve my retirement?


Asked on 3/05/09, 9:46 am

1 Answer from Attorneys
William J. Holmes Attorney at Military Law

Re: Military Discharge

Your only chance to get back on active duty would be to file a petition with the Board for Correction of Naval Records and seek to overturn your discharge. The Board has the power to overturn your discharge and reinstate you on active duty. The petition must be filed within three years of the discharge (you still have time) and you must prove that the discharge was wrong either factually or as a matter of law. In short, the burden of proof is on you to show a error occurred which the Board should correct.

I hope this is what you wanted to know. Please feel free to contact me directly if you have any additional questions.

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Answered on 3/05/09, 10:03 am


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