Des Plaines, IL asked in Military Law for Illinois

Q: My husband received a discharge "under other than honorable conditions" out of the army reserve.

At the time, he did not understand what this meant. Now he does and it means he cannot access any benefits in his future. All he remembers is missing two drills when he was working out of state. His unit was undergoing a change in command at the time and he tried to talk to someone about switching his unit. Next thing he knows, he's receiving an email with discharge orders attached. Does he need a lawyer or should he go through the "updating your discharge" process with only a file review and application questions? Thank you!

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1 Lawyer Answer
Patrick Korody
Patrick Korody
  • Military Law Lawyer

A: A lawyer will be able to identify any procedural issues with the discharge, which are generally the most successful arguments at a discharge review board/board of corrections. If he received an OTH, he was board eligible and should not have a waived his right to a board. If they did not offer him a board, his discharge should be upgraded and/or he should be reinstated.

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