The Knowledge and Experience To Help You Navigate the Military Legal System

San Diego Discharge Upgrade Lawyer

Don’t Let Alleged Misconduct Affect Your Discharge

When a service member is discharged from active duty, he or she receives a DD Form 214. The DD 214 records:

  • The reason or basis for separation
  • The characterization of service
  • A reentry or reenlistment cod

A service member who completes his or her full contract term, and does so admirably, will typically receive an "honorable" characterization of service and will be entitled to the full complement of rights and benefits. They will also typically receive an "RE-1" reentry code, which will allow them to reenlist at a future date in one of the branches of the armed forces.

When there is misconduct during service that leads to an early discharge, the DD 214 entries will usually reflect that and will impact the benefits received. A typical negative discharge DD 214 will record "misconduct" as the reason for separation, "under other than honorable conditions" as the characterization, and "RE-4" for the reentry code. Service members could also receive a "general under honorable conditions" characterization.

It is possible to fight back claims that diminish your discharge. Call the San Diego military lawyer of Meeks Military Law today at (760) 512-8161.

How Misconduct Could Impact Your Discharge

Only service members who receive an "honorable" characterization typically qualify for the GI Bill educational benefits. Those who receive an "RE-4" reentry code will find it very difficult to enter any branch of the armed forces. Further, potential employers may not be as interested in hiring those with negative entries on their DD 214. For this reason, it is important to ensure you receive the best possible discharge while on active duty.

Once you are discharged, there is a process to upgrade your discharge. However, there is no automatic upgrade process for any negative entries that you received. Service members must file with their respective Discharge Review Board (DRB) or Board for Correction of Naval/Military Records (BCNR/BCMR) to upgrade a discharge.

Contact an Experienced Military Lawyer in San Diego

If you have been discharged and are contemplating a filing with a DRB or BCNR/BCMR, it can be very helpful to have an experienced military lawyer assist with the process. It is important to make the best possible filing the first time since requests for reconsideration usually must include new information that was not available during the first filing, and usually have lower odds of success.

Meeks Military Law offers free consultations for discharge upgrade requests. Call the firm today at (760) 512-8161 to get started.

Why Choose Meeks Military Law?

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