Home     Law Advice     Insurance Advice     Community    
Go Back   FreeAdvice Legal Forum > GOVERNMENT & ADMINISTRATIVE LAW > Military Law

Powered by Attorney Pages


  Find An Attorney In Your Area    
 

Closed Thread
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 08-06-2009, 06:47 PM
Junior Member
 
Join Date: Aug 2009
Posts: 6

Other than honorable discharge


Served 5 years US Navy was Discharged Other Than Honorable after serving 6 days Bread and water for oversleeping and having difficulty remaining awake what can I do to get this changed? this was 9 years ago
  #2  
Old 08-07-2009, 12:38 AM
Member
 
Join Date: Jan 2009
Posts: 699
Quote:
Originally Posted by Rajones0728 View Post
Served 5 years US Navy was Discharged Other Than Honorable after serving 6 days Bread and water for oversleeping and having difficulty remaining awake what can I do to get this changed? this was 9 years ago
Absolutely nothing.
  #3  
Old 08-07-2009, 01:17 AM
Member
 
Join Date: Jun 2009
Posts: 52

Discharge upgrades


Discharge upgrades are not easy but neither are they impossible. If you've established a good civilian during those nine years, that can help. There are organizations that help veterans with discharge upgrades; one is called "Swords to Plowshares" and you can easily find them by searching for that on the web. Applications to the Discharge Review Board must be made with 15 years of discharge.

Last edited by objetora; 08-07-2009 at 01:18 AM. Reason: Fixed typo
  #4  
Old 08-07-2009, 07:20 AM
Member
 
Join Date: Jan 2009
Posts: 699
Quote:
Originally Posted by objetora View Post
Discharge upgrades are not easy but neither are they impossible. If you've established a good civilian during those nine years, that can help. There are organizations that help veterans with discharge upgrades; one is called "Swords to Plowshares" and you can easily find them by searching for that on the web. Applications to the Discharge Review Board must be made with 15 years of discharge.
Incorrect, your actions as a civilian have no bearing on your actions that resulted in your OTH discharge. This is a myth that has been passed on for years. You will not receive an upgrade to your discharge unless you can prove it has been given in error or it was given unjustly.
  #5  
Old 08-11-2009, 01:37 AM
Junior Member
 
Join Date: Aug 2009
Posts: 6

ok


Eurapike I dont mean to burst your bubble but why dont you look at the UCMJ and see how many days of bread and water can be served Consecutiverly? I have and I know my rights were violated. Im looking for help and you enjoy insulting and demeaning people.Plus I have no criminal history . Im looking to not only get my disharged changed but to also be reinstated if possible

Last edited by Rajones0728; 08-11-2009 at 01:39 AM.
  #6  
Old 08-11-2009, 02:23 AM
Member
 
Join Date: Jan 2009
Posts: 699
Quote:
Originally Posted by Rajones0728 View Post
Eurapike I dont mean to burst your bubble but why dont you look at the UCMJ and see how many days of bread and water can be served Consecutiverly? I have and I know my rights were violated. Im looking for help and you enjoy insulting and demeaning people.Plus I have no criminal history . Im looking to not only get my disharged changed but to also be reinstated if possible
What part of Article 15 was violated when you were punished?

Last edited by m martin; 08-12-2009 at 06:07 PM.
  #7  
Old 08-11-2009, 01:27 PM
Junior Member
 
Join Date: Aug 2009
Posts: 6
if imposed upon a person attached to or embarked in a vessel, confinement on bread and water or diminished rations for not more than three consecutive days; according to article 15 section 2a I served 6 consecutive days that was a violation of my rights and The UCMJ
  #8  
Old 08-11-2009, 10:45 PM
Member
 
Join Date: Jan 2009
Posts: 699
Quote:
Originally Posted by Rajones0728 View Post
if imposed upon a person attached to or embarked in a vessel, confinement on bread and water or diminished rations for not more than three consecutive days; according to article 15 section 2a I served 6 consecutive days that was a violation of my rights and The UCMJ
How was I supposed to know you were underway?

So you claim that you were put on bread and water for six days, that may have violated article 15 but it does not change the reason you were sent to mast in the first place. You were late and sleeping on watch. Those are two very serious offenses that you have yet to take responsibility for. The board cannot legally change your RE code, you will not be allowed to re-enlist. Your discharge was not given unjustly or in error, you will not receive an upgrade.

Last edited by m martin; 08-12-2009 at 06:08 PM.
  #9  
Old 08-12-2009, 04:42 AM
Junior Member
 
Join Date: Aug 2009
Posts: 6
I was not asleep on watch for one for two get more information before you assume I was seeking medical help to solve the problem which was ignored by The CO also I have the medical Paperwork from the Brig admission which is required for any any service member put on Bread and water and calling my problem is just insulting instead of being understanding and looking for ways to help you automatically type the worse things you can against people that post in here which makes me wonder if you are a former service member that screwed up got thrown out of the military and cant get your own discharged changed and wants everybody else that wants to get theirs fixed doubt that it will do them any good to try
I talked to the Veteran affairs officer today in his office and he says I can get my discharge upgraded most likely to a medical disharge which doesnt get me back in but is a huge improvement compared to what it is now
  #10  
Old 08-12-2009, 01:00 PM
Member
 
Join Date: Jun 2005
Location: Back from Iraq
Posts: 604
Quote:
Originally Posted by Rajones0728 View Post
I was not asleep on watch for one for two get more information before you assume I was seeking medical help to solve the problem which was ignored by The CO also I have the medical Paperwork from the Brig admission which is required for any any service member put on Bread and water and calling my problem is just insulting instead of being understanding and looking for ways to help you automatically type the worse things you can against people that post in here which makes me wonder if you are a former service member that screwed up got thrown out of the military and cant get your own discharged changed and wants everybody else that wants to get theirs fixed doubt that it will do them any good to try
English owns you I think that was possibly the longest run on sentence I have ever seen in the history of the world and I can't even come up with a run on sentence long enough to match that one even while trying my best to do so so my advice would be to take some English composition classes before you even think of filing any paperwork for upgrade.
__________________
Just some schmuck with a truck... And a high I.Q.

"A young man who does not have what it takes to perform military service is not likely to have what it takes to make a living." - John F. Kennedy

I do not help deserters...

Quote:
Originally Posted by IsabellaSoriano View Post
that's like saying robbing a doughnut shop is entrapment.
  #11  
Old 08-12-2009, 02:00 PM
Member
 
Join Date: Jan 2009
Posts: 699
Quote:
Originally Posted by DRTDEVL View Post
English owns you I think that was possibly the longest run on sentence I have ever seen in the history of the world and I can't even come up with a run on sentence long enough to match that one even while trying my best to do so so my advice would be to take some English composition classes before you even think of filing any paperwork for upgrade.
Nice DRTDEVL, IWhat part of having trouble staying awake got you discharged?

Last edited by m martin; 08-12-2009 at 07:17 PM.
  #12  
Old 08-12-2009, 05:10 PM
Junior Member
 
Join Date: Aug 2009
Posts: 6
A I said give advice quit degrading people posting about my punctuation thast really petty and saying I need to get in touch with reality is just childish. What makes you so sure my discharge wont be upgraded? Im having a lawyer do the paperwork if you want to know my service officer was a Legalman when he was active so my paperwork for appeal will be done properly
Closed Thread



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 08:54 AM.



IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.