Discharge Upgrade

[gp747]

i was discharged under honorable conditions,recently granted 30%

sc for the reasons i was discharged. examiner cited that my disorder

was the cause for the actions that lead to discharge. i recently applied

for upgrade in discharge and told them i did not see any reason i needed

someone to represent me. is this going to be a battle? i sent them copy

of my disability award.

[Wings]

i was discharged under honorable conditions,recently granted 30%

sc for the reasons i was discharged.

examiner cited that my disorder was the cause for the actions that lead to discharge.

i recently applied for upgrade in discharge and told them i did not see any reason i needed someone to represent me. is this going to be a battle? i sent them copy

of my disability award.

I was denied twice. On appeal, I asked for a "Hearing". I presented in person to five (5), active duty uniformed officers --and my appeal was granted. If I were you, I would ask for a Hearing straight up, they have toooooo many regulations to beat them at a paper war. Go in person and state your Case. My 2 cents!! ~Wings

[LarryJ]

With the examiner's statement, it shouldn't be a problem.

[carlie]

skunk,

If you were discharged under honorable conditions,

so why have you applied for an upgrade in discharge ?

An upgrade to what ? ?

I don't understand.

carlie

[gp747]

skunk,

If you were discharged under honorable conditions,

so why have you applied for an upgrade in discharge ?

An upgrade to what ? ?

I don't understand.

carlie

WELL THAT IS WHAT IT SAID UNDER HONORABLE CONDITIONS

NOT A REGULAR HONORABLE DISCHARGE. THEY HELD ME IN THE

CLINK FOR 30 DAYS BEFORE THEY DISCHARGED ME.I THINK IT

IS WHAT YOU CALL A 212 DISCHARGE.

[USACID]

In order to prevail at an administrative level to upgrade a discharge you must prove one of two things. That the presumption of regularity in government affairs is not appropriate in your case and therefore the discharge should be set aside, meaning the governmment did not follow established rules and procedures in discharging you; or that the discharge character was too harsh given the misconduct when compared with other servicemen/women who committed similiar misconduct and the length of time that has passed and your civlian accomplishments warrant an upgrade. If you were in the military over a set mumber of years based on your branch, you must be afforded an opportunity to appear before a discharge board to contest the discharge. Now here is the killer. If that occurred and you signed a waiver permitting your discharge and waiving the hearing, you will NOT obtain an upgrade. There is not one case at any service upgrade Board that has upgraded a case where the SM has waived his rights to a hearing. It does not happen. Attack the procedures first even if you did not have a board hearing as the regulation number they used may have been incorrect and that would be what you would you need to show the discharge was improper. Liken it to being in court charged with murder when you committed larceny. The murder case gets tossed. Since you have already been discharged, the govt does not get another bite at the apple, and you get all your back pay and allowances until the time of your discharge (if enlisted) or to the time of the correction of your miltary records (if an officer). Remember that you have a statute of limitations of 15 years to file. If you dont you are forever barred, and then if you are denied you have one year to bring an action in the US Federal COurt of Claims to attack the Service Boards denial. Legal fees in the Washington DC area currently are running about 35-40,000.00 to handle these cases. THe win ratio is high, primarily because lawyers wont take them if they dont have a solid win. You cannot brag about a loser on your web site. Hope this helps....Jerry

[rentalguy1]

Carlie, he has a General, Under Honorable Conditions discharge. He wants to upgrade it to a Honorable Discharge. That is the same kind of discharge that I have. Any time you serve less than what you enlisted for, this it the best that you can ets with, unless you are medically discharged or discharged for the good of the service. I've considered trying to upgrade mine, but never really had a need, so I let it go.