Posted on Mar 21, 2018
It has been 6 years since I have been discharged from the Army with a BCD. Am I eligible for an upgrade yet?
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Responses: 16
SPC Robert Stowell
Thanks for the tidbit SSG. I really need to know what that entails though. If you wanted to help.
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BCDs or OTHs don't have a shelf life. You will have to take the actions required through the Service, BCMR or CMA to challenge your discharge. Nothing about this is automatic. It takes paper to change paper.
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CWO3 (Join to see)
SPC Robert Stowell - I hope it works out for you. There may be some folks that provide legal assistance out there. That would be helpful. I am not qualified, but accepting responsibility often goes a long way. Focus more on any legal mistakes, or actual injustices rather than how you think you were wronged. Contrition up front can often set the tone for how it is read and acted upon. Good luck with the rest of your journey.
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CWO3 (Join to see)
My advice was from me to him, and you're not a part of that, but thanks for making your position known. You know nothing about this guy or his case. Neither do I. With a "zero defect" mentality, I hope for your sake you never get twisted up with the law or make a mistake. It's easy to play "the hard", but the downside is you have to be "the hard" when misfortune pays you a visit - or your actions bring hard times due to a lapse of judgement. The last perfect man died on a cross, if you so believe. I wish you well, and hope that age will bring maturity to how you look upon and treat others.
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Sgt John Earley
Awesomely said, to remind everyone, that's the devil's way of thinking....remender he doesn't want any good to happen to us...and will try to keep his influence out there. Think positive and not negativity....
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Contact the Veterans Pro Bono Consortium. They can review your situation and determine if you have a case. A very small percentage of discharge upgrades are approved, for good reason.
Only the Board for the Correction of Military/Naval Records (BCMR), not the Discharge Review Board (DRB), can review a discharge over 15 years old or upgrade a Bad Conduct Discharge, BCD, or Dishonorable Discharge, DD, given in a General Court Martial. Only the BCMR, not the DRB, can change the reason for discharge to physical disability, or revoke a discharge and reinstate a veteran to active duty.
Only the Board for the Correction of Military/Naval Records (BCMR), not the Discharge Review Board (DRB), can review a discharge over 15 years old or upgrade a Bad Conduct Discharge, BCD, or Dishonorable Discharge, DD, given in a General Court Martial. Only the BCMR, not the DRB, can change the reason for discharge to physical disability, or revoke a discharge and reinstate a veteran to active duty.
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DD Form 293 is what you need to request a change in your discharge. You need to do it within 15 years of your discharge. You should probably talk to a lawyer, preferably an ex JAG lawyer who understands military. Good luck- you really will need it.
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SPC Robert Stowell
Thank you very much sir. Ive made a complete turn around since the time of my discharge. Any prayers are helpful.
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COL (Join to see)
Understand that a majority of the board members will place more enfaces on what you did to get the BCD then how much of a model citizen you have been. Just be aware and good luck.
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Just because it has been six years, does not mean that your Bad Conduct Discharge has expired. You will have an uphill battle trying to get it changed.
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Sgt John Earley
Yes there is a way to upgrade your CBS. I have done it for my brother, and yes it's a long drown out procedure, there are a lot of things you have to look for and do....but I was determined to help my brother to get this accomplish.
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Sgt John Earley
That's BCD, Not CBS. STUPID spell check....and also, why can't we edited our post.......????
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Sgt John Earley
That sucks. I only have my phone, I'm too poor to get a computer, lol
Will they should reprogram the Android for people like me....lol
Will they should reprogram the Android for people like me....lol
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SFC Andrew Miller mentioned the Veterans Pro Bono Consortium. Contact them at [login to see] or by e-mail at [login to see] . They are based in D.C. but help vets throughout the country.
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I always want to know what the discharge is for first before I answer questions like this. The military community is truly a band of brothers and will do a lot to help you....if you deserve it. You may be awesome but I find that most people discharged with other than honorable to be exactly that...other than honorable.
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1SG (Join to see)
Bad Conduct Discharge ups the ante a bit. You don't get a BCD from getting drunk or even DWI. You get it for running over someone while drunk. Or stealing a car and driving it while drunk.
There has to be an actual crime that resulted in a conviction with a confinement sentence.
There has to be an actual crime that resulted in a conviction with a confinement sentence.
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That depends on what you did. Very few are ever turned over into General Discharge. But considering you can only receive a BCD if you were Court-Martial'd and probably spent time in prison, it doesn't look that that good for you.
Here is a useful website that tells you how.
https://themilitarywallet.com/types-of-military-discharges/
Here is a useful website that tells you how.
https://themilitarywallet.com/types-of-military-discharges/

Types of Military Discharges - Understand Discharge Ratings
Types of military discharges: Honorable, General, Under Less than Honorable, Bad Conduct, Dishonorable, Dismissal, & Entry Level Separation. Learn more here
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Just cause it’s been 6 years don’t mean you are automatically eligible for an upgrade. You have to prove the the discharge was unjust and unfair. I had a misconduct discharge and since I been out I’ve been in college and became a police officer but that still didn’t help my upgrade and I had proof that I was lied upon leaving the military but that didn’t help an upgrade. I just got back in wit a waiver and it was only cause the proof I had to show I should of not been discharged.
So again I hate I for you but you need to contact a VET REP or William Cassara to help you!!
So again I hate I for you but you need to contact a VET REP or William Cassara to help you!!
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SPC Robert Stowell refer to SFC Andrew Miller post. The Board for the Correction Military Records is the correct venue to present your request. (that venue determines if you are deserving, you are an individual with a label and only the proper authority can determine if there are mitigating circumstances). Do not spend money. Go to a Veteran Service Organization such as the Disabled American Veterans DAV or go to your County Veterans Service Officer in the courthouse building or wherever local county government has it housed. Any positive documentation you have such as employment reviews, volunteerism, letters of character, or anything that gives a picture of you today should be included as character reference. If you have any diagnoses from doctors, clinics, support groups for PTSD, substance abuse that is military related include that also. And any hardships incurred by a BCD include those. Best wishes to you.
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