Expert: Howard Lorenz - 5/17/2008

Question
QUESTION: Thank you in advance for any answer you can provide me. I served in the Navy for 6 years, during which time I had a spotless record, no disiplines, always high performance marks and promoted on time, I recieved good conduct awards and was selected to be a Navy Recruiter, and thats not easy. During the last few months of my career I went through a horrible divorce, custody battle and child support issues. I was in and out of courts for months. I was told by a judge, my lawyer, and my ex's lawyer that if I was not able to pay the court ordered child support I would go to jail, and at that time it was more than I could make and pay bills too. I went to my chief, and my commanding officer asking for help, my chief even told me, quote "If you go to jail you will be counted as UA, if you don't pay the child support you will be court martialed, if I were you I would just go UA and get it over with and use that to try to force the court to listen to you". I went to the Navy Relief for help and was turned away also. So I was stupid and went UA for 28 days, before going back and turning myself in voluntarily. I received a court-martial but no legal counsel, and no other counseling to help with the problem. I spent 30 days in a restricted barracks and then discharge with an OTH (HKA). Granted I had a spotless career before that and was already on my second re-enlistment with the Navy.

I was discharged in 1993 and all this time I have felt that I was wronged and that I had served my country proudly and with dedication, but when I asked for help I was turned away and ignored and punished. I am filing to have my discharge upgraded to Honorable, what do you think my chances are? By the way I was able to finally get back into court a year after that, got a judges ruling that the initial court ordered child support was excessive and unreasonable. After that I paid the child support faithfully for 14 years until it was ended last year. And ironically I maintain a secret clearance to this day and work for a major federal contractor on an Air Force base.

ANSWER: I believe that your chances are very good that they will upgrade. You have th epertanant proof that you were being wronged and you were advised by upper ranking officers to go UA. I do not see how avter being advised by your CO that you could be charged for UA!! But thats how the military works at times. I can not garantee that they will pugrade you to a HD, but I believe that if you presented the story like you presented it to me...You chances are good.

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

QUESTION: This is what I wrote in the DD293 that I sent for the review:
My discharge was unequitable because it was based on one incident in 76 months of service. I was top of my class in training, volunteered for submarine duty, was a member of the Personnel Reliability Program (PRP), granted Final Top Secret clearance, awarded good conduct medals, Battle-E award, volunteered for extended sea service and was appointed as a Navy Recruiter. My discharge was based on one incident where I had a financial and emotional hardship with my divorce. I pleaded for help from my command and navy relief, I was told there was nothing tht could be done to help me, I was financially devastated and unable to pay bills, child support and attorney fees. I was told by the court judge that if I was not able to pay I would be incarcerated, and I was told by my command that if I was incarcerated I would be listed as UA. During my court-martial I was given a choice of remaining in the navy but being reduced in rank by 2 pay-grades from an E-5 to an E-3 or accept an administrative discharge. I explained to the Commandin Officer at the Court-martial that being reduced in rank would only worsen my financial situation, so I had no other choice but to accept the administrative discharge. Since my discharge in 1993 I have been living with shamefulness and humiliation. I have however become a respected member of my community, a dedicated christian, and a valued technical professional in my career field as a Sr. Systems Administrator for a federal contractor on an Air Force Base. I also hold a secret clearance granted by the Department of Defense which demonstrates its continued trust in myself and my character. I hope that you will see in your wisdom that a grave unjustice was committed to a decidated and loyal soldier and you will help to correct years of wrongdoing.

Answer
Jeff,

If by chance that they do not grant you a change, then take this very same letter and send it to you senator or congressman with an explaination of what the final outcome was. Remember its election year and this is a great time to get htine acomplished thru politics.  I think that they should grant you an honorable...just becasue I friggin say so, but I m still just a pee on!

Good luck and I really hope that things turn out the best for you...

HW