Chicago, IL asked in Military Law for Illinois

Q: Received an OTH. CO recommended a General. Served for 2.5 years. Am I able to get it upgraded to General?

I served overseas in the US Marines for 2.5 years. Received a couple of awards for good work etc. Basically I had "trouble" with the liberty policy at the time and as a result was NJP'd 3 times. My Commanding Officer recommended to the Commanding General I receive a "General" discharge. I still have the original letter. However I got an OTH. This hasn't affected me whatsoever in the civilian world, but I would like to get it upgraded.

How can I go about this, and how much does the process usually cost?

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1 Lawyer Answer
Patrick Korody
Patrick Korody
  • Military Law Lawyer

A: Your chances of an upgrade are slim without finding some type of a procedural error. Your chances of success increase with an attorney, which can be expensive, as you are paying for knowledge, experience, and ability to spot issues and write persuasively.

As a Marine, you first want to apply to the Naval Discharge Review Board. There is no application fee. You have 15 years from the date of your discharge to apply. The standard is whether the discharge was inequitable or improper at the time. The burden is on the applicant to show it was - there is a presumption of regularity in discharges. Be sure to include supporting documentation with your application.

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