How To Correct Innacurate Military Discharge

By Carol McDonald


Dismissal from the military will be a burden based on the reasons and language used. Words and records that tarnish your name affect your employment potential and access to crucial services like health. Whenever you suspect a case of innacurate military discharge, contact a specialist attorney to scrutinize the procedure with the aim of identifying errors that have a detrimental effect on your potential away from the force.

A single act tagged as misconduct results in dismissal. For others, several incidences that are considered minor will cause you to be discharged. The incidents that lead to dismissal do not necessarily have to emanate from civil conviction, non-judicial punishment, UCMJ, court martial or invocation of article 15. Whenever OTH is mentioned, your medical history is overlooked. The only way you will find your way back is through a positive review or ruling.

Other servicemen are discharged because their physical or mental conditions have disintegrated. These conditions may be regarded as too minor or transitory not to fit within the medical condition bracket. However, they are aggravated enough to interfere with your work. The concern with this kind of dismissal is how to determine the veracity of illness. This approach has been viewed as a way of minimizing on the lengthy and resource demanding long term medical retirement scheme.

Personality disorders have been cited as sufficient grounds for dismissal. You are usually labeled as a trouble maker and thus unable to operate within an order-demanding environment. While the military doctor may make the diagnosis, a second opinion could prove otherwise and thus save you from unfair dismissal. You also have a chance to institute higher or peer review before dismissal. It increases your chances of remaining in service.

Personality disorder might appear as a mild dismissal reason but it will haunt you in future. Some employers will not hire vets dismissed on such grounds claiming that they will cause disorder at work. It takes a specialist to minimize the damage caused by such reasons during dismissal. Such a phrase could be traumatizing and reduce your financial prospects.

The military provides support services to service men before dismissal based on their condition. They include counseling to enable you cope with life away from service as well as rehabilitation to increase your productivity. There are situations that such support services can be waived. This decision is left in the hands of the dismissing officer and may decide to abuse the power. Whenever the support is waived, the right procedure must be followed.

The law must be followed before you are discharged. This includes notification of dismissal and clarification of your rights. Separation and transitional sessions are also provided. Your VA benefits will also be initiated before actual dismissal. A specific reason and actual type of discharge are quoted. This transition period will determine your prospects thereafter.

Lack of clear discharge rules has paved way for extended creativity. Some service men have their rights violated leading to blink futures. The support of a specialist attorney during this process will guarantee a proud and well facilitated future.




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