Expert: Cynthia Bedell - 3/4/2010

Question
Have you heard of anyone getting discharged from the military after a Letter or Reprimand?  This was about ten years ago.  Me and another soldier went into an office at the same time and he did all the talking.  The soldier was questioning base procedures.  He wanted me to hold his camera and put it on tape and I reluctantly agreed.  We were detained, charged with bogus charges and I was discharged and he is still in till this day.  He did all the talking and I said nothing.  When asked did I want an article 15 or Court Martial, I asked for Court Martial.  They found what I did didn't warrant a court martial and it was dismissed by the lawyers over the case.  They're exact words were, "there is nothing."  Since I had the choice of Article 15 and CM, I chose CM, so the Article 15 is off the table.  The 1st Sergeant was so upset, I received an LOR and was discharged for things that I didn't do.  I had been vindicated, but they still gave me a general under honorable conditions with a reentry code of 2b and JKN?  Till this day, I'm still praying that God will give me justice.  The gentleman who is in the Army wrote me a witness statement and he is helping me with everything for the board.  There is one thing to be punished for something you did, but to be punished and discharged for something you didn't do.  If I present my case, is there a way that I can rejoin a different branch of the military?  With your expertise, what would be my best option?
Thank You

Answer
Dear Dave --

It is possible for you to petition the Board for Correction of Military Records.  They could set aside your discharge and allow you back in the service, if you can show that you should not have been discharged, and that your chain of command didn't follow correct procedures.

You could also petition just to have your discharge characterization and re-entry code changed, so you can re-enlist in the service of your choice.

In either case you will have to be medically, physically, mentally and morally capable of serving when you re-enter the service.

If you get your discharge over-turned or you get your discharge characterization changed, you could be eligible for more VA benefits, so it is worth pursuing.

Please write back, if you have additional questions.  Good luck to you.