Which is the best strategy for upgrading a discharge, addressing the circumstances of my discharge or what I have done since leaving service?

2018-05-27T12:31:58-04:00

I am looking to upgrade a General Discharge, reading the paperwork it seems to state quite clearly that things like a good work history since leaving service are not at all important, that you simply address the circumstances of your discharge and how there was irregularities involved, but all of the advice I have gotten so far from other sources is that you should only talk about what you have done since leaving service and not to criticize the method by which you left. How do I reconcile this contradictory advice? So it is said, I feel I have a case either way, but I figure that I will only get one shot at this and I want to make it count.

Response by CAPT Kevin B. made May 27 at 2018 2:16 PM

2018-05-27T14:16:46-04:00

Correction Boards are an administrative process. Best approach is the administration was implemented improperly. Arguments range through several tiers of close to slam dunk to maybe to no way in hell. Top argument is Reg Whatever stated the process is X and what was done was Y. Backup documentation is essential lest it becomes your word against the service. Second tier is the process was carried out correctly but the conclusion was erroneous or improper, i.e. the General, although a choice, isn't the best or common fit. The no way in hell is a whining I don't like it, so change it.

What you did afterwards shouldn't be up for grabs. There's a shopping list of what correction boards can correct and the factors involved. Future isn't on the list last I heard. So the Board should ignore what they can't consider. There's an argument both ways about putting the after stuff in. Can't hurt, maybe. Best advice is to read the correction board authority, process, justification, etc. in the instruction carefully. Then take a look at your stuff, the relevant Regs (AT THE TIME), and the process and look for stuff that doesn't fit or is plugged in sideways. When you have that list, you can assume you're stretching it too far in your favor because you're biased. That's when you should have someone somewhat savvy about the subject matter do a Murder Board process with you. That effort is to weed out the crap and leave what the Board can't run and hide from. Boards don't want to be bothered. That includes promotion and continuation (sat many of both). There's a point where they're looking for a reason to say no so they can move on. You want to make sure there are no easy "no" items in your appeal.

One thing that's hard to figure is what is the track record of the Service in dealing with similarly situated people and circumstances. If they did something to you but did something else with most everyone else, you can bring that up. Problem is getting that picture is virtually impossible.

I had a Correction Board appeal which was interesting. It had to do with an AD promotion rate of 15% for which I didn't make the cut. There was some improper stuff associated with my Fitness Reports. The Board came back and said my points were valid, a correction was made, but then made the conclusion that my nonselect would still have been the same. It probably was correct given 15%, but my second appeal to the Board was they had no authority to make a promotion evaluation decision at that point. The Board never responded after that because by then I was DOPMAed out and went Reserve. Some time later doing many boards, I realized that when there is no defined process or logic process to an answer either way, Boards do punt and cease dealing with it. Things become a business decision at some point. Lord knows how many business decisions I had to make as a Senior Officer.

Response by Katie Gladki made May 29 at 2018 3:58 PM

2018-05-29T15:58:59-04:00

You can contact The Veterans Consortium for assistance: [login to see] or by e-mail at [login to see] . They are based in D.C. but help vets all over the country.

Response by SGM Erik Marquez made May 29 at 2018 7:19 PM

2018-05-29T19:19:04-04:00

SPC Robert Conway Discharges are on upgrades based on administrative error IE it should have been Honorable, but was issued as general under honorable conditions. Separation chapter used , general discharge was not an option to the approval authority... Discharge issued as an error.

or valid proof the type of discharge was issued without justification. Discharged under a separation chapter with Honorable, General under honorable conditions choices for the approval authority. . Approval authority, a newly promoted CDR that you had not worked under prior to his signing the discharge, signed off on the general. However NCOER's, counseling record, character statements from the previous CDR, PL, PSG, shows the character of service leading up to the discharge reason was worthy of an Honorable and the sole reason for separation was not justifiable for a general.

Conduct after separation will not be considered at all for a Discharge upgrades, and that information can not be submitted.

The Army Discharge Review Board is authorized to review the character, reason and authority of a discharge of any service member discharged from active military service within the past 15 years. The authority for ADRB review comes from Public Law 95-126 and Title 10 U.S.C. ' 1553. The Department of Defense Directive 1332.28, Discharge Review Board Procedures and Standards, establishes uniform policies and procedures and standards for review of discharges and dismissals. Army Regulation 15-180, Army Discharge Review Board, governs the actions and composition of the ADRB.

https://armypubs.army.mil/epubs/DR_pubs/DR_a/pdf/web/r15_180.pdf

r15_180.pdf

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Response by LTC Private RallyPoint Member made Jun 4 at 2018 5:09 PM

2018-06-04T17:09:02-04:00

The only way I know of to correct Army service records is to apply to the Army Board of Corrections to Military Service. You should get affidavits - letters of recommendation from former Commander's & Senior NCOs to help you with your case. They must address the fact of why you received the bad paper, and what they say you do in the service. The more documentation the better. You must complete the form and attach all documentation to help in your request to change the record. Download all info from the site.

Army Board for Correction of Military Records (ABCMR)

All references are located on the Army Review Board Agency's web site at http://arba.army.pentagon.mil.

Response by SGM Erik Marquez made Dec 4 at 2018 10:13 AM

2018-12-04T10:13:09-05:00

SPC Robert Conway You can apply to the Discharge Review Board (DRB) for a discharge upgrade or a change in the discharge reason ( character of service).
To get your discharge upgraded or your character of service changed, you will have to show that your discharge was “improper" or "inequitable." Improper means factually incorrect or inconsistent with the law.
Inequitable means inconsistent with the traditions and policies of the service.
Note neither of those things is related in any way to post service life.

Simple examples that are in no way implied to be your issue or related to you.
SGT Margeuz steals M9 pistol that was found in a latrine, feels guilty turns it in, UCMJ, OTH discharge For next 20 years Mr Marquez leads an exemplary life, helping nuns and orphaned children,,,,but that has NOTHING do to with the cause for the discharge. DRB will not even hear the case never mind approve a change.

SGT Marquez falls asleep at the CQ desk, Special CM, dishonorable discharge.
Mr Marquez applies to DRB, showing he was under a doctors care at the time, had been prescribed medication with known side effects of drowsiness, Mr Marquez includes an affidavit from his former SQD LDR that states in part Marquez had notified the SQD LDR of the meds he was taking, that the SQD LDR had notified the 1SG, but the 1SG responded with "Suck it up buttercup". Marquez submits statement he tried to tell the CDR at his CM about the meds and doctors care but was shut down and told "it made no difference.. He fell asleep and that was that. "
DRB concurs that the discharge was unwarranted, upgrades to an honorable.

If you think your case is more like the second example and less like the first
Start here, good luck
https://www.esd.whs.mil/dd/

Directives Division

The official website for the Executive Services Directorate

Response by SGT Christopher Combs made Nov 19 at 2020 10:25 PM

2020-11-19T22:25:13-05:00

Get some recommendations about how you're a hard worker from your boss. Your family members and anyone who will make good comments about you being a hard working positive person and tell them to leave out the reason you got a general discharge but they are writing because they believe you deserve it to be upgraded to honorable. Btw it's been 5 years since? I'm b sure you know that but just wanted to make sure... Good luck brother