Discharge Upgrade
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Marine Staff Sergeant’s Other Than Honorable Discharge Upgraded to General (Under Honorable Conditions)
Apr 16
Posted by: wcassara | Number of Comments: Comments Off
Category: Discharge Upgrade, Recent Accomplishments | Date Posted: Monday, April 16th, 2012
Mr. Cassara represented a Marine Staff Sergeant who had requested discharge in lieu of court-martial and received an Other Than Honorable Discharge. The Marine was initially accused of rape. That charge was later reduced to fraternization, and the Marine requested a discharge in lieu of court-martial. That request was granted and he was given an Other Than Honorable Discharge.
Mr. Cassara petitioned the Navy Discharge Review Board for an upgrade. Mr. Cassara argued, and the Board agreed, that an OTH was too harsh for the remaining al…
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What should I do if I need more information or want to seek a discharge upgrade?
Dec 31
Posted by: William Cassara | Number of Comments: Comments Off
Category: Discharge Upgrade | Date Posted: Saturday, December 31st, 2011
Contact Mr. Cassara by phone or by using the contact form on this page.
Please include the following information:the date of your discharge,
the reason for the discharge,
the service you were in, and
the type of discharge you received.…
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How long does the discharge upgrade process take?
Dec 31
Posted by: William Cassara | Number of Comments: Comments Off
Category: Discharge Upgrade | Date Posted: Saturday, December 31st, 2011
Depending on your service, it can take six months to two years. Personal Appearances take longer than “records reviews.”…
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Can I appeal the decision of the Discharge Review Board?
Dec 31
Posted by: William Cassara | Number of Comments: Comments Off
Category: Discharge Upgrade | Date Posted: Saturday, December 31st, 2011
Yes. Appeals are generally submitted to the Board for Correction of Military Records, but can also be filed in Federal Court. In addition, you can ask the Discharge Review Board to reconsider its decision based on “newly discovered evidence.” Army Regulation (AR) 15-80, at http://www.apd.army.mil/pdffiles/r15_180.pdf, contains all of the information you need to know about the process….
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How does the discharge upgrade process work?
Dec 31
Posted by: William Cassara | Number of Comments: Comments Off
Category: Discharge Upgrade | Date Posted: Saturday, December 31st, 2011
Along with the Application for the Review of Discharge, DD Form 293, you are allowed to submit a written “brief” to the Discharge Review Board, explaining why you believe a Discharge Upgrade is warranted. Mr. Cassara will usually file a written submission, along with any supporting documents that justify the upgrade of your discharge.
There are basically two types of review. You can submit the request solely in written form (a “records review,”) or you can ask to appear in person before the Discharge Review Board. The Army and Air F…
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What will justify a discharge upgrade?
Dec 31
Posted by: William Cassara | Number of Comments: Comments Off
Category: Discharge Upgrade | Date Posted: Saturday, December 31st, 2011
The best reason to get your discharge upgraded is because the characterization of service you received was unfair, unjustified, or inequitable. An attorney with experience in military discharge upgrades can evaluate your request, and advise you of your chances of success. Examples of an unfair characterization of service include that the standards employed at the time you were discharged are no longer in effect (for example, homosexuality,) your age or inexperience at the time you were discharged, a lack of due process at the time you were disc…
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What kind of discharge upgrade can I request?
Dec 31
Posted by: William Cassara | Number of Comments: Comments Off
Category: Discharge Upgrade | Date Posted: Saturday, December 31st, 2011
You can request that your discharge be upgraded to Honorable, or any other characterization of service. We recommend requesting an Honorable Discharge in nearly all circumstances. Soldiers discharged under Other Than Honorable conditions after 1 October 1982 while in entry level status (less than 6 months service) may request upgrade to an uncharacterized discharge. To do this, write in block 3c “Change to Entry Level Separation.”…
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How do I apply for a discharge upgrade?
Dec 31
Posted by: William Cassara | Number of Comments: Comments Off
Category: Discharge Upgrade | Date Posted: Saturday, December 31st, 2011
The first step is to get copies of all of your military records. To get a copy of your military records, complete the SF-180, Request Pertaining to Military Records, (Fillable SF 180). You can go to this link, type in the information while the form is on screen in your browser, and then print out a neatly typed form to be mailed! YOU WILL NEED TO HAVE ADOBE ACROBAT READER installed on your computer. http://www.adobe.com/products/acrobat/readstep2.html.
Once you have acquired a copy of your military records, you will need to fill out an Appli…
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What discharges can be upgraded?
Dec 31
Posted by: William Cassara | Number of Comments: Comments Off
Category: Discharge Upgrade | Date Posted: Saturday, December 31st, 2011
Any administrative discharge, whether it resulted from an administrative board or not, can be upgraded, regardless of the characterization of service. In addition, discharges resulting from special court-martials can be upgraded. The Discharge Review Boards will not consider discharges resulting from a general court-martial….
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How long after I am discharged can I apply for an upgrade?
Dec 31
Posted by: William Cassara | Number of Comments: Comments Off
Category: Discharge Upgrade | Date Posted: Saturday, December 31st, 2011
Depending on your service, it can take six months to two years. Personal Appearances take longer than “records reviews.”…