When someone leaves the military without an Honorable Discharge, that veteran’s job prospects are reduced, he or she receives no education benefits, and some veterans receive no benefits at all. However, these veterans are not without options. Sometimes, mistakes can be fixed.
Correcting anyone’s military records is an exceedingly complicated process. A number of deadlines must be met, and a number of specific guidelines must be followed. Attorney R. Davis Younts will guide you through the records correction process from start to finish.
If you need to have a mistake in your military records corrected, or if you need to have your discharge from the military upgraded, UCMJ Military lawyer R. Davis Younts can help.
What are the types of Military Discharges?
- Honorable Discharge
- General, Under Honorable Conditions.
- Other Than Honorable
- Bad-Conduct, Dishonorable, or Dismissals
- Uncharacterized/Entry-Level Separation
How long do you have to request a records correction?
Here’s the first deadline: A request to have your military records corrected must be filed within three years of the mistake’s discovery (or within three years of when it should have been discovered).
However, if the Board for Correction of Military Records (BCMR) believes that justice requires it, the three-year deadline can be waived, but such exceptions are rare. You should speak to an attorney and begin the correction process as soon as you are aware of a mistake in your records.
The BCMR has broad authority to correct the mistakes and injustices that may appear in a veteran’s military records. It also has the authority to correct mistakes on a veteran’s DD Form 214, the service document that represents the complete record of a veteran’s military service.
Why do i need to Upgrade My Discharge?
- Greater career or job prospects;
- Increased educational benefits;
- To obtain compensation for service-connected illnesses and injuries.
- To mitigate issues in the security clearance application process;
- To restore your reputation;
- To obtain federal or state employment;
- To obtain Veteran’s Affairs benefits; and/or
How long do you have to request a Discharge Upgrade?
If you are seeking to have your military discharge upgraded, an upgrade can be sought for up to fifteen years after the date of your discharge. The Discharge Review Board (DRB) has the power to change military separation codes, upgrade military discharges, and award back pay.
There are three types of “administrative” discharges from the military, and two types of “punitive” discharges. The administrative discharges are HON (Honorable), GEN (General Under Honorable Conditions), and OTH (Other than Honorable).
The punitive discharges are BCD (Bad Conduct) and DD (Dishonorable). A veteran with a GEN or OTH discharge may not be eligible for his or her full benefits. Veterans with punitive discharges, in most cases, do not qualify for any benefits.
That’s one reason why seeking and obtaining a discharge upgrade is so important. Veterans may seek discharge upgrades to regain their benefits. If you’ve requested a discharge upgrade and the request was denied, put the matter in the hands of the right military records correction lawyer.
Who can help you to set the record straight?
Attorney R. Davis Younts has been a JAG (Judge Advocate General) and a top-ranked Senior Defense Counsel in the Air Force. He knows what it takes to obtain a discharge upgrade or make a records correction, and he knows how to handle your appeal if your request is denied.
R. Davis Younts has been an attorney for two decades. He has received an Air Force Meritorious Service Medal and an Air Force Commendation Medal. He advises clients and represents defendants in both military and civilian legal matters.
Military discharge upgrade requests and military records correction requests are always complicated, and you’ll need a great deal of patience as well – depending on your service, the process could take six months to two years.
You’ll need to locate and gather any medical records, military records, or other documents that relate to your discharge upgrade request or to your records correction request. Medical records which indicate that you are not dealing with any alcohol or drug abuse issues are also helpful.
An Experienced Military Lawyer
Do not, however, seek a discharge upgrade or a records correction on your own. Any mistakes or misunderstandings on your part could delay your request or even cause it to be rejected. The right attorney, however, can ensure that your request is not unnecessarily delayed.
Not very many military attorneys have experience in the military records correction process. Attorney R. Davis Younts is dedicated to helping veterans set the record straight and to helping them secure the benefits they deserve for their service.
He will explain your rights and how the process works. After reviewing the details of your discharge and military record, attorney R. Davis Younts will collect the evidence that supports your claim, and he will submit your petition and the supporting documents on your behalf.
If necessary, he can appeal your case to a U.S. District Court or the U.S. Court of Claims. To learn more, contact attorney R. Davis Younts at (833) 739-5291 or (717) 612-4840. His offices are located at 26 North Ninth Street in Lemoyne, Pennsylvania. He is ready to help you and work on your behalf.
UCMJ Articles:
- Article 15: https://yountslaw.com/nonjudicial-punishment-article-15-njp/
- Article 92: https://yountslaw.com/what-is-article-92/
- Article 128: https://yountslaw.com/article-128-assault-military-lawyer/
- Article 120: https://yountslaw.com/military-criminal-defense-of-sexual-assault/
- Military Medical: https://yountslaw.com/military-medical-professional-defense/
- Military Religious Freedom & Religious Accommodations: https://yountslaw.com/military-religious-freedom/
- UCMJ Military Corrections and Discharge: https://yountslaw.com/ucmj-military-corrections-and-discharge/
- Article 112a: https://yountslaw.com/article-112a-of-the-ucmj-drug-crimes/