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?

Related Topics:
1 Lawyer Answer
Philip D. Cave
Philip D. Cave
  • 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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.