How does a person have their OTH discharge changed?
My son-in-law received an other than honorable discharge for going AWOL when my daughter was about to give birth.
He is older now and interested in getting his otherwise exemplary military record "fixed".It has been more than 15 years ago this happened.
Thanks for any help
- chasgowLv 51 decade agoFavorite Answer
First, he will have to demonstrate that there was an error of process, regulation or law. That is usually exceedingly difficult to prove.
Not sure about other Services, but our Discharge Review Board limits the petition submission window to 15 years. BCMR is three years from discovery.
So, why, exactly did he get an OTH. Did he request one in lieu of trial by court-martial? How long was he AWOL? We're pretty hard core, but I don't issue OTHs for anything other than egregious misconduct. Seems like there's more to the story than he's actually telling you.
Bottom line is that it's highly doubtful he'll be granted relief. He committed at least one act of misconduct, and he has learned the rather harsh lesson that adult behaviors beget adult consequences, sometimes lifelong consequences.Source(s): I separate around 1000 enlisted members from the Coast Guard each year.
- 1 decade ago
There has to be more to it than that. I really can't believe he was given an OTH discharge because he went AWOL because heis wife was having a baby. At worst he would have been given an artical 15 office hours not discharged. He is blowing smoke, must have done something else.
- 1 decade ago
I believe there is a lot more to the story than what you are getting.
You can't just 'fix' this. He received an OTH and I bet it was for just reasons.
If at the time he truly did go AWOL for the birth of his own child, IF they were married, and the command he was under chaptered him out with OTH, he would have went to JAG, and had the case investigated then.
I'd bet dollars to donuts he is full of it.
- Marine5Lv 71 decade ago
Sorry, He will have his OTH Discharge for LIFE...
Have never seen a OTR Discharge Upgraded
in my 30+ years as a VSO...
There are NO Do Overs in the Military.Source(s): Retired Marine...VSO
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- AmLv 71 decade ago
It will not happen, and it has been over 15 years. He would now have to apply to have his military records changes, not just an upgrade.
He would have to use DD149, and he is going to have to prove that he was given the discharge in error. Basically prove the military screwed up, not him. Good luck with that.
- jaimeeLv 43 years ago
Nope. Upgrading Your protection stress Discharge "mutually as all people can practice to the right Discharge overview Board (DRB) for a discharge improve, or a transformation interior the release reason, the guy might desire to convince the board that their discharge reason or characterization became "inequitable" or "improper."...
- 1 decade ago
He went AWOL. It doesn't matter why. It's his fault and deserves what he got.
If he wasn't prepared for sacrifice he shouldn't have signed up. People have given much more...Source(s): MA3/USN
- MrsjvbLv 71 decade ago
it cannot be fixed unless he proves he did NOT got AWOL.
and after 15 years he can't get back in anyway.
- Anonymous1 decade ago
need to go to local VA office, get forms and petition for upgrade, rinse and repeat. (i think they normally reject everyone the first time).
- lconnor65Lv 71 decade ago
It won't happen. He is at fault.