Milton, FL asked in Federal Crimes and Military Law for Florida

Q: Military BCD and felony joy riding, 40yrs ago, wanting my gun rights restored. Clean since then, Any Chance?

Volunteered for duty with the understanding I would get diesel school after Basic training, got then told after basic, when I was stationed I got told then I didn't have it in writing so I was out of luck. Young and dumb, I would show them I went AWOL, then didn't honor their end , I told them I wouldn't honor my end. I was then told If I wanted out I would have to leave or get arrested because I signed up. So I left gave a kid a ride in his car and found out when they stopped me after dropping him off that the car was stolen(strike two). Went to captains mast all they said was if I wanted out it would be with a BCD. Young and dumb you don't realize those consequences. I have lead a clean life own a home and really would like to get my gun rights restored. (this was in Washington State).Really would like to be able to hunt etc again. Anything I can do or write? Thank you for your time and consideration.

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1 Lawyer Answer
R. Davis Younts
R. Davis Younts
  • Military Law Lawyer
  • Lemoyne, PA

A: Good Morning,

It is possible to address these issues. You can apply for a discharge upgrade as well as have certain information removed from your record. Their are a lot of variables that you should discuss with an attorney that is experienced in dealing with these issues. I have had success in representing that used their post-service conduct/good citizenship as part of the argument for an upgrade. This is not an easy process and you do have a legal burden to overcome with the Board but it is possible.

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