Asked in Military Law for Alabama

Q: I received a general under honorable conditions discharge from the USAF and I had a question about upgrading for

Injustice I received a general under honorable conditions discharge from the USAF and I had a question about upgrading for injustice

during the process my commander broke my constitutional rights, will this help me in getting an upgrade?

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1 Lawyer Answer
Philip D. Cave
Philip D. Cave
PREMIUM
Answered
  • Military Law Lawyer
  • Alexandria, VA

A: Maybe.

One of the things they look at in the upgrade process is whether there have been significant procedural errors showing the process was unfair. So maybe you have a case to prove an inequity.

NOTE NOTE NOTE.

You have 15 years from date of discharge to apply. This is a hard deadline.

If you have substantial procedural error, the quicker you apply the better-don't sleep on your rights. It's tough to do. Without evidence the Boards apply the "presumption of regularity" and assume the gubmint acted properly.

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