Upgrading a General Discharge (Under honorable Conditions) to Honorable?
I was discharged (Feb 2010) for patterns of misconduct (Showing up to formation late, not showing up at all).
A year later the VA has granted me 50% for sleep apnea + 50% for depression, and now they're reviewing my claim for narcolepsy since I was diagnosed with that as well.
Since then VA Advocates have helped me "Back Track" these findings as the reasons why I couldn't show up to formation on time (Showing up to formation on time is the only reasons why I have been demoted twice and then discharged).
I was in the process of a MEB, but somehow the commanders papes went to the Colonel faster than the MEB papers did, and thus being released with a General Discharge.
I have had no incidents in my military life, or civilian life with alcohol, drugs, arrests. All of my counceling statements show that I was always found in my room asleep, or in my car sleeping from being too tired to even get out and go to my room in the barracks. I feel as if I was kicked out without a chance to find out what was wrong with me.
Would this be an "Unjustified" cause of why I was kicked out, and possibly have my discharge upgraded? or should I not even worry about it and keep recieving the monthly compensations I'm entitled to?
- 7 years agoFavorite Answer
You have a few bases to attack your separation and characterization of discharge.
First, AR 635-200, par 1-33(b) specifically states that "final action by the separation authority will not be taken, pending the results of the MEB." So, if the VA did grant your claims, it seems the MEB would likely have been referred to a PEB, which would have, in turn, required the General Court-Martial Convening Authority to decide whether to continue processing you for involuntary separation or direct that your case be disposed through medical channels. This may have happened, and you were simply not made aware of the decision, but it is also as likely that a commander hurried your separation paperwork through the process to get you off their books and replaced. In the latter case, your separation did not comply with the regulation.
Then, since the VA has since granted your medical claims, they appear to be meritorious and related to your military service. If the separation and resulting characterization were based on patterns of (mis)conduct that were rooted in and attributable to your now validated medical conditions, this would certainly weigh in favor of a discharge upgrade. I would not say that your separation was necessarily unjustified, but assuming your medical conditions are legitimate (as they appear to be) the chapter under which you would be separated should not have been under Chapter 14 (misconduct), but Chapter 5 (medical/mental condition) of AR 635-200, which would lend additional support to a discharge upgrade, as well as other possible benefits such as involuntary separation pay. You can certainly request reinstatement, but I would find that highly unlikely given your medical conditions and the Army's ongoing drawdown.
Based on what you've said, it seems as if you have a better case than most, as you have actual documentation and support from another government agency. I would suggest consulting with an attorney for assistance with your upgrade packet. If you still have an ID card, you may be entitled to use the legal assistance office at your nearest military installation.
For more information on the upgrade process, go to http://arba.army.pentagon.mil/abcmr-overview.cfm and click on Discharge Review on the left side menu.
- Anonymous7 years ago
70% of my unit did that.
My NCO on CQ slept from midnight to 0900, leaving me there by myself.