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Questions Related to Army Discharge by Meghan Jones





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Questions Related to Army Discharge by
Article Posted: 07/04/2013
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Questions Related to Army Discharge


 
Law
There are several kinds of army discharge cases. To be precise there are five different kinds of army discharge. They are general, honorable, other than honorable, bad conduct and dishonorable. Every member of the military goes through at least one of them. Depending on the characteristic of an active duty member the type of discharge is determined. This article provides answers to some of the most commonly asked questions about issues related to this.

Does the army have the right to discharge someone who was arrested for a DUI, if it was before they were convicted?

Chapter 14 states that they can be discharged for misconduct, even without a conviction. However, an administrative separation is not seen as a criminal action. The same level of evidence is not necessary to accomplish this. It can be done if there is enough evidence. If they have more than six years, they can ask to stay in; if it is not, they don’t have the right.

It is stated in the army discharge papers “European African Middle Eastern Theater Ribbon and 1 Bronze Star. Good Conduct Medal.” Does it mean that that will be receiving a ribbon and bronze medal?
The bronze star means that they have got that ribbon twice. The bronze star medal is also known as BSM. They do not receive a BSM, unless they are awarded that one. If you need to know more information regarding army discharge papers, you may contact the Experts.

Is a lawyer needed to get an army discharge upgrade?
While a lawyer could help them with this, even the best among them will not be able to get it for them if their record does not permit this. There is no such thing as automatic upgrade and only a minuscule percentage of requests are approved. Usually, they will have to show that under the condition an upgrade to the classification is apt in their case. This can be done by showing that the result at the time was wrong for some reason.

A person’s army discharge paper states other than honorable Chapter 13. What does it mean?

It simply means that something has been written down incorrectly. Chapter 13 applies to administrative separation for poor or insufficient performance, like failing PT tests or not meeting the requirements. As per AR 635-200, they ought to get an honorable or general under honorable conditions discharge. Either something has been wrongly written or wrong characterization has been written down. To correct the military records they can file a DD form 149.

Are there any benefits for being undesirably discharged from the army?

At present there is no “undesirable” military discharge. It has been replaced by the “general under honorable conditions” and the “other than honorable discharge”. Both of these are less preferable than honorable discharge. The discharge can be reviewed and upgraded. However, there are certain steps that should be taken:

1. As per law, an application for review has to be filed within 3 years. It can be extended if there is a good reason.

2. They will have to prove that in any case, the characterization is inappropriate. This should emphasize on the reasons leading to the discharge including the process. It may also include events that follow.

There are instances where an active member has been discharged from the Army for reasons which they feel are wrong. This can be appealed which is known as upgrade army discharge. There are many rules and regulations governing army discharge. If you are faced with a situation where you are at a loss as to how to deal with the situation, you should ask a military lawyer about the best course of action and act accordingly.

Related Articles - army discharge, army discharge records, army discharge papers, army discharge chapters, army discharge upgrade, army discharge regulation, how to get,

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