Posted on Feb 13, 2019
Pvt Donald Auge
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I was discharged in 1994 with a RE-4 reenlistment code. Frequent involvement with military authorities. I waived a board at discharge and now I would like to upgrade to a discharge that will allow me use of the VA benefits as if I had an Honorable Discharge. I have been diagnosed with Bipolar Type 1 and I was given a psych evaluation in the Marine Corps by a military doctor and results were found to be, a personality disorder.
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SFC Patient Service Tech
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Pvt Donald Auge
Pvt Donald Auge
8 mo
Thank you for the link, it looks like the place I needed to start my upgrade process.
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LCpl Larry Duncan
LCpl Larry Duncan
5 mo
Hey ssh,you should know this is that to upgrade a discharge is to be on your toes and it has to be in the guidelines of the law of their mistake or we just have to wait it out like a man minding our own business.
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Sgt Aaron Kennedy, MS
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https://www.va.gov/discharge-upgrade-instructions/

Here's a good starting point.

Normally you would go through the Discharge Review Board / Board of Correction for Naval Records (dd149), however I "believe" you have timed out of that (15 years)

https://www.dd214.us/reference/DischargeUpgrade_Memo.pdf
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Pvt Donald Auge
Pvt Donald Auge
8 mo
Thank you for the link. It looks like a excellent place to start from.
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Pvt Donald Auge

The statute of limitations for all Discharge Review Boards is 15 years from the date of discharge. Relevant part of Title 10 - ARMED FORCES , Subtitle A - General Military Law , PART II - PERSONNEL , CHAPTER 79 - CORRECTION OF MILITARY RECORDS , Sec. 1553 - Review of discharge or dismissal states:

"....A motion or request for review must be made within 15 years after the date of the discharge or dismissal."

Date of discharge 1994 + 15 years = 2009. This matter is 10 year late for DRB consideration

In plain reading, there are no exceptions to the 15 year rule. In contrary, for corrections of military records, the statute of limitations may be waived “in the interest of justice.” and runs from the date of discovery of the error/impropriety. Have you considered correcting records ?
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Pvt Donald Auge
Pvt Donald Auge
8 mo
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How do I correct records? Thank you for your time and reply to my question.
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Pvt Donald Auge
Pvt Donald Auge
8 mo
Thank you for the information.
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SFC Jimmy Arocho
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Dear Mr. Auge, the Department of the Navy has a process that may also assist you in discovering any eligibility to VA benefits. The below listed link guides the applicant through a Q & A process to help you narrow in on the answers that you seek.

The United States Navy's Board for Correction of Naval Records (BCNR) is committed to providing current and former Navy and Marine Corps members the highest level of administrative review within the Navy to correct errors or injustices to their records.

Are you a veteran requesting an upgrade to your discharge?
In an joint effort, the Department of Veterans Affairs and the Department of Defense partnered to provide step-by-step instructions on how to request a discharge upgrade. Simply click the following link to step through a series of questions which will lead you to the appropriate form and provide instructions on how to apply to the proper board to request a discharge upgrade. http://www.vets.gov/discharge-upgrade-instructions.

https://www.secnav.navy.mil/mra/bcnr/Pages/default.aspx
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Pvt Donald Auge
Pvt Donald Auge
5 mo
Thank you for sharing this information with me. I’m clicking the link now!
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