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Feb 03, 2017 · Richard Davis Younts. View Profile. 5 stars 5 reviews. 5 reviews. Licensed for 19 years. Avvo Rating: 10. Military Law Attorney in Lemoyne, PA. Website. (717) 853-1123.
If you received a less-than-honorable discharge, you owe it to yourself to fight for the honorable discharge you deserve. Contact discharge upgrade lawyer Brett O’Brien today for a free consultation at 202-600-4996.
Begin your military Discharge Upgrade online today or by contacting our office today at (888) 751-5329 to speak with a military discharge upgrade attorney. Military Discharge Upgrade $300
No set fee. It just depends on the complexity. Interview attorneys who do this kind of work.
Court marshal and prison? I know the scuttlebutt is that an upgrade is a no brainer--that turn out to be bogus--odds are slim under the best of circumstances. With conviction and prison highly unlikely. That said, each case is unique and you should consult with a military law attorney.
Fees generally depend on the specific needs of your case. You would likely benefit from discussing the facts of your case with an attorney. Many on Avvo offer free consultations.
As others have said there is no set fee. I would tend to think it difficult to obtain an upgrade to honorable after a court-martial but without knowing the specific offense (s), one cannot say. Best of luck.
There is no set fee. Each case is different as are each lawyer's fees. You should speak to a couple here on AVVO and have them review your case.
The discharge upgrade process is not quick. In fact, most discharge cases take between several months to 24 months to complete. Unfortunately, even if you hire a discharge upgrade lawyer, your case will still take this long to process. This is because all boards currently have significant backlogs.
An Honorable Discharge is the highest-level of discharge that a service member can obtain. It reflects a service member who has served with distinction. Those who receive an Honorable Discharge will receive all rights and benefits afforded to veterans. General, Under Honorable Conditions.
You can apply to the Discharge Review Board (DRB) of your branch of the service for a discharge upgrade or a change in the discharge reason (that is, character of service). Each service branch has its own DRB, which is tasked with evaluating discharge upgrade requests.
A person discharged with a General, Under Honorable Conditions discharge will be seen by employers as having potential problems with discipline and conduct. Thus, most employers would look upon an individual with a General discharge less than favorably.
In other cases, you might only be able to obtain an upgrade from an OTH to General. Discharge upgrade lawyer Brett O’Brien will fight for the highest possible discharge level. Each individual case will vary.
Obtaining the records may take weeks, or even months in some cases. In practice, often a second request for records may be necessary if the service fails to provide complete records.
In lieu of testifying under oath at the hearing, you can submit a written statement to avoid being questioned by the board under oath. At the conclusion of the hearing, each board member will vote. Your upgrade request will be granted if the majority votes in favor of the upgrade.
A Discharge Upgrade changes the “character of service” shown on your DD-214 discharge certificate, which can be any of the following: Honorable, General (Under Honorable Conditions), Other Than Honorable, Bad Conduct, or Dishonorable.
As a veteran, this is important because the nature of your military discharge can affect your civil liberties such as the ability to possess a firearm or the ability to obtain benefits from the Department of Veteran Affairs (VA). You can change the character of your military discharge by performing a Discharge Upgrade or by obtaining ...
A DRB considers two basic issues: “equity” (fairness) and “propriety” (legal error).
If you believe your discharge was unfair, or “inequitable,” you’ll again need to explain why. If instead of an equitable claim, you are claiming illegality, or “impropriety,” then you are claiming that the military didn’t follow its own rules when it discharged you.
You have 15 years from the date of your discharge to apply to a DRB. To apply to a BCMR or the BCNR, you are required to apply within three years of the date you first discover the error or injustice that you are seeking to correct. There are three exceptions to this rule:
They receive all rights and benefits afforded to veterans. Of course, there’s no need to hire a discharge upgrade lawyer to help with one of these.
If a date of discharge is beyond 15 years, a discharge review board (DRB) will not hear your case. For these older discharges, the case must go before a service’s Board for Correction of Military Records (BCMR), which has a much lower probability of success than the DRB.
Those who receive a Dishonorable Discharge or Dismissal are not eligible to apply to the DRB. These less-than-honorable discharges can haunt you for life, socially and professionally. They may prevent meaningful employment or acceptance to colleges. In short, they stigmatize you.
These less-than-honorable discharges can haunt you for life, socially and professionally. They may prevent meaningful employment or acceptance to colleges. In short, they stigmatize you. In many cases, the retention of a lawyer who understands the discharge upgrade process can make a difference. Contact the Mayer Group.
A bad-conduct discharge from a Special Court-Martial may be changed by the Discharge Review Board. Discharges imposed by a General Court-Martial are not eligible for review by the Discharge Review Board.
Discharges imposed by a General Court-Martial are not eligible for review by the Discharge Review Board. These are tricky and usually require a more detailed analysis and informed military justice insight, such as you might receive from a discharge upgrade lawyer.
In particular, the 15 year rule is never waived. If a date of discharge is beyond 15 years, a discharge review board (DRB) will not hear your case. For these older discharges, the case must go before a service’s Board for Correction of Military Records (BCMR), which has a much lower probability of success than the DRB.
When you were discharged, you may have been told your discharge would be “automatically upgraded” in six months. This is not true. You may have been told “you can apply to have it upgraded.” This is true, but without experienced counsel your odds of getting it upgraded are not good. You need an attorney experienced in military discharge upgrades.
In my over 30 years of civilian military law practice, I have seen numerous former JAGs get off active duty, open a military law practice, and then close it.
How much of one’s practice is military law? In my case it is 100% of what I do.
If you previously applied for a discharge upgrade and were denied, you can be reconsidered under the new, easier standards. If you were discharged for disciplinary reasons, you should consider going to a psychologist, psychiatrist, or therapist to see if either PTSD or TBI contributed to your discharge.
You can still apply for a discharge upgrade if you do not have PTSD, TBI or a mental heath condition. If you know that mental health issues like Post-Traumatic Stress Disorder (PTSD) or a Traumatic Brain Injury (TBI) did not affect your discharge, you may want to look at other resources as well.
The VA recently made it easier for veterans with Post Traumatic Stress Disorder (PTSD), Traumatic Brain Injury (TBI) or other mental health conditions to get a discharge upgrade. If you previously applied for a discharge upgrade and were denied, you can be reconsidered under the new, easier standards. If you were discharged for disciplinary ...
If you know that mental health issues like Post-Traumatic Stress Disorder (PTSD) or a Traumatic Brain Injury (TBI) did not affect your discharge, you may want to look at other resources as well. The VA online discharge upgrade tool may be a useful starting point.