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.

Related Topics:
1 Lawyer Answer

Patrick Korody

Answered
  • Military Law Lawyer
  • JACKSONVILLE, FL

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.

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.