Expert: Aaron Shifferly - 8/4/2010

Question
I wanted to ask this question because everyone gives me the run around about it. I joined the military at 17 years of age. I am now 26. I was discharged from the military for malingering. I was falsely accused of swapping urine with a pregnant female to avoid deployment. My urinalysis tested positive for pregnancy and 2 days later was negative. Since my discharge from the military, this has happened to me twice. I wanted to continue my service in the military but due to the fact that there were no true doctors available, I was discharged with no proof that this was true. What can I do to possibly appeal this. Ive been out for almost six years in october 2010. Please help.

Answer
You need to apply for a discharge characterization upgrade if you don't have an honorable.  This is done through the VA and you'll need to get all the steps right in order to do it. I've pasted a link that gives you a good idea how this works and the steps to follow:

http://www.carson.army.mil/LEGAL/TDS/Jag/Chapters.htmI

I won't lie to you: its going to be difficult due to the nature of the offense you're accused of and the time lapsed since your discharge to show that you were falsely accused of this offense.  Good luck and hope you succeed.