I received a BCD, what can I do about my discharge?

PFC Robert Cummings — Tue, 21 Jul 2020 15:55:57 -0400

I was getting a medical discharge but due to the paperwork process taking a very long time I ended up failing a drug test and got in to some trouble and ended up with BCD. That’s not an excuse but I wanna find out if I can fight it. I serve the community as an EMT and a volunteer fireman. Is it possible?? I was getting medical discharge before the incident in question!

Response by MSgt Private RallyPoint Member made Jul 21 at 2020 3:59 PM

MSgt Private RallyPoint Member — Tue, 21 Jul 2020 15:59:00 -0400

https://www.veteransaidbenefit.org/correcting_military_discharge.htm

Correcting Your Military Discharge

This article will help you upgrade or correct a bad discharge from service.

Response by MSgt Private RallyPoint Member made Jul 21 at 2020 4:01 PM

MSgt Private RallyPoint Member — Tue, 21 Jul 2020 16:01:02 -0400

https://www.usmilitarylawyer.com/military-record-corrections.asp

Record Corrections and Discharge Upgrades - Military Lawyer Stephen P. Karns | Karns Law Firm

Record Corrections and Discharge Upgrades. Your complete resource for military legal information.

Response by SFC Private RallyPoint Member made Jul 21 at 2020 4:33 PM

SFC Private RallyPoint Member — Tue, 21 Jul 2020 16:33:49 -0400

If you failed a drug test and got separted in a negative manner due to failing the drug test, it seems as though your separation fits your actions. What separation do you believe you should receive?

Response by MSG Private RallyPoint Member made Jul 21 at 2020 5:30 PM

MSG Private RallyPoint Member — Tue, 21 Jul 2020 17:30:58 -0400

Yea, you can hope on a wish and a prayer. Don't expect an upgrade, though. A BCD is given at a Court Martial and is sometimes followed by prison time. If the courts found you guilty, and you were given the BCD via the jury and judge, then the evidence was there to convict you.

Response by SSG Private RallyPoint Member made Jul 21 at 2020 5:32 PM

SSG Private RallyPoint Member — Tue, 21 Jul 2020 17:32:53 -0400

You can hope and pray, but you deserve no better than a bad conduct discharge

Response by SSG Roger Ayscue made Jul 21 at 2020 6:18 PM

SSG Roger Ayscue — Tue, 21 Jul 2020 18:18:01 -0400

PFC Robert Cummings , What part of smoking dope is against the Law and against Military Regulations did you not understand?
I read what you wrote and the replies you have received from the Officers and Noncoms that took time to reply. You have to admit it is a bit ugly. Remember the Board of Correction of Military Records, the board that will consider your request is made up of people like us... Career Military Leaders that have served honorably and by the regulations. So if you are going to submit this, you need to come up with a better story than "It was the fault of the Marine Corps because they took too long and I got bored."
That is the fact and is like the little kid that smashed all his parents stuff and then blames his mommy because she was not home to stop him and he got bored.
I am being specifically hard in this reply, showing no mercy because the board is going to do that as well, you need to be ready for that.
By the way, in the history of the Board of Correction of Military Records, I can not find one example of a characterization of Discharge that was upgraded.
You used drugs while on active duty, you got caught and you got your Big Chicken Dinner, which was I believe well deserved.

Response by A1C Jordan Brenner made Aug 1 at 2020 6:50 AM

A1C Jordan Brenner — Sat, 01 Aug 2020 06:50:46 -0400

You can begin at the DRB and then to the BCMR if you feel you were wonged; your case won't be considered by the Court of Federal Claims, you were ultimately in the wrong, good luck!

Response by Sgt Steve Williams made Jun 5 at 2021 10:35 AM

Sgt Steve Williams — Sat, 05 Jun 2021 10:35:21 -0400

I didn't see anything in your post that indicated there was some actual mistake made in the evidence or process. You appear to have the BCD for valid and accurate reasons. Delays in the process are no defense.

Response by CW5 Mark Smith made Jul 23 at 2021 5:40 PM

CW5 Mark Smith — Fri, 23 Jul 2021 17:40:44 -0400

Were I on the review board, you'd get a no vote.

Response by MSgt Robert Davidson made Sep 18 at 2021 12:01 AM

MSgt Robert Davidson — Sat, 18 Sep 2021 00:01:41 -0400

You were still under UCMJ, until you received your walking papers, so you really have no leg to stand on. But, thank you for serving your community as an EMT.