Jacksonville, NC asked in Military Law for North Carolina

Q: I was tried by summary court martial and received a discharge of other than honorable conditions.

I received a supplementary court-martial order in which the findings and the sentence is disapproved. it says that all my rights and privileges lost are restored as a result of the sentence. what does this mean? The supplementary court martial order was signed after my summary court martial. I'm trying to upgrade my discharge. Any advice would be helpful.

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1 Lawyer Answer
Patrick Korody
Patrick Korody
  • Military Law Lawyer

A: I don't have enough information to answer your question, but generally administrative separation (which resulted in your OTH) is considered a separate process from a court-martial. However, if the court-martial was disapproved because of a lack of evidence, for example, that could impact the equity of the administrative separation for purposes of upgrading your discharge. Given that your upgrade basis may be more than the typical "I am really a good guy and this discharge is hurting me" you may want to invest in hiring a lawyer.

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