Salt Lake City, UT asked in Military Law for Utah

Q: Is it legal for signed military doccuments to not be sent up the chain of command?

I was supposed to receive a general discharge from the military, but my CO never sent my paperwork up and now im facing a dishonorable discharge. Is there anything i can do to recieve the innitial discharge?

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1 Lawyer Answer
Philip D. Cave
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Answered
  • Military Law Lawyer
  • Washington, DC

A: If you are facing a DD, that means you are pending general court-martial for some serious allegations.

Yes, an administrative elimination can be stopped if he intent is to conduct a court-martial or other disciplinary action.

If instead of a GD they are now seeking an OTH, then you should speak with the local military defense counsel for advice on contesting at a Board hearing, etc. They can represent you for free.

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