Expert: Cynthia Bedell - 8/15/2008

Question
Cynthia,
I was curious to find out if it is possible to upgrade my Military discharge from OTH for Smoking Marijuana to Honorable. I was sent to level 3 (alcohol and drug abuse treatment) and graduated that successfully. I was soon discharged soon after graduating for relapsing and offered no help just an OTH. Since leaving the Corps I have held Corporate positions for fortune 500 companies and have 2 children whom I am in good standing with. I am a gulf war era vet diagnosed with PTSD as well. Do I have any chance at all?

Answer
Dear Michael --

You can appeal to the military board of corrections to have your discharge upgraded, if it was unusually harsh compared to the offense.  However, in your case, your discharge appears to fall well within what is considered normal.

To explain -- If they had given you an other-than-honorable (OTH) discharge for a single marijuana offense, and never given you a substance abuse prevention class, then your discharge would be harsh.  However, you were given the opportunity to learn from your mistake, and even after completing the course -- you abused marijuana again.  That is considered a second strike and makes you a habitual offender.  A general or other-than-honorable discharge is common in such cases.

Your current ability to manage your life is not a rationale to upgrade your discharge, because your discharge was based on habitual drug use.  Further, you do not seem remorseful for using drugs, you just seem angry that the Corps discharged you for violating their rules.  That attitude will not help in your appeals process.

Depending on the reason you want to upgrade your discharge, it is quite possible for you to appeal to the board to go from OTH to general given your circumstances.  It will be more difficult to defend upgrading to honorable.  However, it is not impossible.  You will need a very good appeals packet to convince them, especially since your discharge is based on your apparently habitual behavior.

Please write back, if you have other questions or concerns.  Good luck in your appeal.