Expert: Cynthia Bedell - 2/23/2008

Question
QUESTION: Maam I was read my discharge intent packet today. They are discharging me for wear of unauthorized badges on Dec 22nd 2007. I have not been scheduled to see trial defense yet I am waiting to be told to go. I cannot believe I am being discharged when I have no prior disciplinary actions what so ever. The packet read to me by the CO said it was chapter 14 serious offense. What should I do next? Thanks maam for the guidance maam.

ANSWER: Dear Joseph -

What unauthorized badges did  you wear?

Depending on the badge, this could be a serious offense. The Army  has cracked down on people who have been wearing the Medal of Honor. So they have not been taking other false badges lightly.

Do not wait to be told to go to JAG.  You need to schedule your appointment and go immediately. How many days does the commander's notification letter give you to arrange your appeal or accept your discharge?

I still recommend that you throw  yourself on the mercy of the decision authority or the first General officer in your current chain of command, if the decision authority is a colonel. If that doesn't get you a second chance then I recommend you work very hard to get your re-enlistment code high enough so you can still get a government service job as a wounded warrior.  This will allow you to keep your veterans' benefits also.  My biggest concern is that you  remain eligible for VA medical care.

Please see your JAG officer as soon  as possible. You need to ask if the  evidence against you is sufficient  for the level of discharge they're  trying to give you.

Good luck to you.

---------- FOLLOW-UP ----------

QUESTION: I wore the air assault badge the EIB and the ranger tab. Like I said when we first talked I only padded my resume' I did not wear any medals or things like that. Trial defense called me last night and he told me he will be gone until mar 16th but since he is familiar with my case he advised me to wait. He said we will fight to keep me in and upgrade my discharge since I have no previous disciplinary actions what so ever. Thanks again for your guidance.

Answer
Dear Joseph --

Did you wear the badges?  Putting them on your military service record was wrong, but wearing them implies a different level of wrong-doing.  

If you never wore them on any uniform, your lawyer may be able to help you get the discharge eliminated on a technicality.  At least he is going to help you get it up-graded so you can continue to get your treatment,and other VA benefits.

Given your physical condition you will either be medically separated or medically retired, if the discharge is discontinued on a technicality.  But at least you will not have a poor discharge classification to deal with in the future, as you try to get your benefits and a new job.

Good luck to you.