Posted on Dec 8, 2021
What are my chances of getting a bad conduct discharge upgraded for failure to obey a lawful order and larceny?
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I was given a bad conduct discharge for the following any chance I get it upgraded? :
Article 92 failure to obey a lawful order
Article 121 larceny
I was stationed on the USS Sampson from 2009 - 2011. I was supposed to do an IA to Afghanistan and got caught smoking spice. I asked for SARP before and never received a counseling. I asked OSC Jernigan & ENC Cuttler for help.
I appealed to the board of naval corrections and was denied. I feel that 3 years of honorable service trumps the one naughty thing I did. I served 90 days in the brig & have attempted to use the VA for help. I feel my discharge upgrade is warranted so I have any recourse or options? I asked for help and was never received it.
Article 92 failure to obey a lawful order
Article 121 larceny
I was stationed on the USS Sampson from 2009 - 2011. I was supposed to do an IA to Afghanistan and got caught smoking spice. I asked for SARP before and never received a counseling. I asked OSC Jernigan & ENC Cuttler for help.
I appealed to the board of naval corrections and was denied. I feel that 3 years of honorable service trumps the one naughty thing I did. I served 90 days in the brig & have attempted to use the VA for help. I feel my discharge upgrade is warranted so I have any recourse or options? I asked for help and was never received it.
Discharge
Career Counselor
Career Advice
Posted 3 y ago
Responses: 25
The thing is that you asked for help after you were caught. That still doesnt justify the fact that you committed a crime while actively serving. You threw your 3 years down the drain with your decision making because you believed you wouldnt get caught. If the board of corrections denied an upgrade, then you aren't getting one, simple as that.
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SSG (Join to see)
I could give less than two shits if it was ONLY spice. You knew it was a prohibited substance and yet you made the decision to smoke it anyway. And it’s a good thing that someone ratted you out. You are a disgrace to the service if getting high was all you cared about. And once again, your 4 years of “stellar” service means absolutely nothing. And you have a larceny charge so I’m gonna say you were a pretty horrible sailor. PO2 Matthew Trahan
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PO2 Jack Steiner
PO2 Matthew Trahan - If spice was a thing you could smoke and not alter your judgement, why would it be on the prohibited list? Because you smoke it to alter your judgement so you can be miserable and feel better. Why were they out to get you? Think about it, if you were 4.0 squared away Sailor? Perhaps you weren't as 4.0 as you are telling us.
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SFC Kelly Fuerhoff
PO2 Matthew Trahan - "It was only spice..." That shit is dangerous too. Seriously? You don't know what people are mixing with that. It kills people. So it's not "only" K2.
If you had this "desire" to serve you would have refrained from using or abusing ANY drugs. Right? So apparently your desire for spice was more than your desire for service in the military.
Yes one incident can and does define someone's career or life.
If you had this "desire" to serve you would have refrained from using or abusing ANY drugs. Right? So apparently your desire for spice was more than your desire for service in the military.
Yes one incident can and does define someone's career or life.
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PO2 Scott M.
PO2 Matthew Trahan - sorry but with that attitude "it was only spice" I would say your chances are slim. It was a controlled substance. You smoked it while on active duty, KNOWING that it was a "crime". You got caught, end of story.
Also, what about the Larceny?
Also, what about the Larceny?
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Correct me if I am wrong on this someone but to get a bad conduct discharge either your record is so bad that they is no hope of rehabilitation or the crime so horrific that this discharge is warranted. They don't give out BCD's like cotton candy. Didn't you go on appellate leave while the Navy Discharge Review Board reviewed your courts martial? Then they came back with the decision that, yes, it is that bad and warranted.
I think to get a bad conduct discharge would be a something a lot more serious than simple larceny and smoking an illegal substance. To get a BCD generally required a record of past problems or something substantial for a first offense with a clean record. I might be wrong but I think there is a lot more to this story than what you are telling us.
You are probably $hit out of luck if you already appealed and it was denied. You are going to have to live with it.
Sgt (Join to see) SGT Randal Groover SGT (Join to see) SGT David A. 'Cowboy' Groth SGT Charlie Lee Cpl James R. " Jim" Gossett Jr CPL Douglas Chrysler SPC Michael Terrell SPC Nancy Greene GySgt Thomas Vick GySgt Gary Cordeiro GySgt Jack Wallace PO1 William "Chip" Nagel SPC Mark Huddleston MGySgt (Join to see) SGT Mary G. SPC Woody Bullard SFC Joe S. Davis Jr., MSM, DSL SSgt Marian Mitchell SPC Margaret Higgins
I think to get a bad conduct discharge would be a something a lot more serious than simple larceny and smoking an illegal substance. To get a BCD generally required a record of past problems or something substantial for a first offense with a clean record. I might be wrong but I think there is a lot more to this story than what you are telling us.
You are probably $hit out of luck if you already appealed and it was denied. You are going to have to live with it.
Sgt (Join to see) SGT Randal Groover SGT (Join to see) SGT David A. 'Cowboy' Groth SGT Charlie Lee Cpl James R. " Jim" Gossett Jr CPL Douglas Chrysler SPC Michael Terrell SPC Nancy Greene GySgt Thomas Vick GySgt Gary Cordeiro GySgt Jack Wallace PO1 William "Chip" Nagel SPC Mark Huddleston MGySgt (Join to see) SGT Mary G. SPC Woody Bullard SFC Joe S. Davis Jr., MSM, DSL SSgt Marian Mitchell SPC Margaret Higgins
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SSgt Christophe Murphy
SGT Mary G. - it is synthetic weed. It was pretty popular from 2010-2013 as a way to get around DOD testing. It was prohibited almost immediately when it became common knowledge but before it was tested for it was extremely difficult to crack down on it. In 2013 it was added to the range of drugs tested for and usage dropped off dramatically.
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MSG Bonnie Casler
I’m not sure of the level of discharges, but even if the Navy decided to upgrade this Bad Conduct Discharge, it may still be less than honorable? Could it be a discharge under less than honorable conditions? I don’t think the behavior should be treated as didn’t happen or put up against all the good behaviors. It is what it is. His behavior was not within the standards to warrant an Honorable Discharge. I also think there is more to the story as to all behaviors during a three year enlistment.
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SSgt Christophe Murphy
PO2 Robert Cuminale - I thought the same thing when the synthetic weed first became an issue. Happened after your time.
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If Spice was on the NO NO list, and you smoked it.....well, you rolled the dice and lost. And larceny mixed in? Yea, I'm not confident your upgrade would happen. But, never know until you try
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SrA John Monette
PO2 Matthew Trahan - "Only" a little. Not like "I was smoking crack or meth". Pull up your big boy britches, own your crimes. Doesn't matter if you got ratted out or not.
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MSG (Join to see)
PO2 Matthew Trahan - Only a little doesn't cut it. that line wouldn't cut it for weed. It certainly doesn't cut it for crack, cocaine nor meth. Why should that line allow spice to be fine? Anyone that has spent time in the military KNOWS that in order to get the avenue to NOT get into trouble is to notify command BEFORE a piss test. Once that piss test takes place, that is NOT the time. In fact, it's TOO LATE once you piss in that bottle to self refer. Doing spice against orders violated core values.
You played the game and lost. Again, you can try to get your discharge upgraded, but don't hold your breath.
You played the game and lost. Again, you can try to get your discharge upgraded, but don't hold your breath.
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SFC Kelly Fuerhoff
PO2 Matthew Trahan - So you knew it was wrong but you thought you could get away with it because possibly someone else did? LOL what the actual...that's about the dumbest thing I've read today.
But it wasn't just the spice. You also got in trouble for larceny.
It doesn't matter what you saw other NCOs doing. Did you report any of that? Or did you ignore it until YOU were in the hot seat?
Honestly you sound like a moron. Good luck with your life.
But it wasn't just the spice. You also got in trouble for larceny.
It doesn't matter what you saw other NCOs doing. Did you report any of that? Or did you ignore it until YOU were in the hot seat?
Honestly you sound like a moron. Good luck with your life.
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SP5 Claudio Razzetti
Nobody forced you to put that crap in your mouth or held you at gun point .If you had personal problems why would you want to add more to it . I,m sure the navy like most Military services have counselors and many other programs that help you with your problem. The fact that you had dirt on NCO,s and you didn't rat them out because they were out chasing loose skirts in port ,that's most difficult cases to prove ,that,s what they call hear say , and guess what those nco,s would make your life on a ship very difficult, knowing that you ratted on them ,and if you cry to chain of command they'll most likely side with the NCO,s they have more to loose than a enlisted sailor .You made your bed now lay on it , !.
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