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Responses: 8
SFC George Smith
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at one time there was a 5 year wait and a Board that accepted applications...
they would review on a case By case and In many cases would get UP grade the Discharges... and in many cases the Codes were also upgraded to RE-1
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LTC Peter Hartman
LTC Peter Hartman
8 y
There is an Army Board for the Correction of Military Records. They don't approve many applications. I serve on the Coast Guard's Board.
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SPC Jill Drushal, RN, MA
SPC Jill Drushal, RN, MA
8 y
There is now an Army Discharge Review Board - part of the Army Review Boards Agency. Under "New" Discharge Upgrades and PTSD, the purpose of the Board is outlined. See: http://arba.army.pentagon.mil/adrb-ptsd.cfm
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SSG Material Handling Nco
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I'm so sorry to read this brother. Completely terrible situation. This is one of those second and third order of effects the Army is supposed to help us mitigate. This whole situation is mind blowing
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PO3 Aaron Hassay
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Everyone this is not a new conversation.

-----1963 Congressional Report below Proves this----

Lets muster, identify problems and also offer solutions to create systemic cultural system changes that do not first take into account illness caused by stress of duty, thereby stopping punitively adverse discharges harming otherwise brave service members and their families that actual need the team still and help.

I really do not know how our system would ever allow for punitive discharges without first documenting duty reviewing identifying medical illness as the root cause.

Remember the "Oath of Enlistment"

"I,, do solemnly swear, that I will support and defend the Constitution of the United States against all....


"Constitutional Rights of Military Personnel"
Summary-Report 88th Congress Washington
1963

----EXERPTS----
"No persons should be more entitled to protection of their constitutional rights than the servicemen engaged in protecting the sovereignty of the United States. Appropriately, the Subcommittee on Constitutional Rights has been concerned"

"On the other hand, a serviceman may be viewed as discharged "under honorable conditions" or, in the words of title 38, United States Code, section lOl(2) "under conditions other than dishonorable" even though he did not receive an honorable discharge. The terminology is confusing on its face and, as Congress- man Doyle acknowledged in his testimony, few persons understand the difference between a dishonorable discharge given by a general court-martial and an undesirable discharge given administratively. He also commented with respect to the stigma created by an undesirable discharge:

"He is an undesirable. You don't want to have anything to do with him. You
don't go into detail to find out what makes him undesirable. You think he may
be a thief, he may be a homosexual, he may not be supporting his children, his
family in the minds of some people, but he is undesirable, you don't want him
around. And I think the ordinary patriotic, sound-thinking American citizen
doesn't want to have anything to do with an undesirable man and that applies
to an undesirable man from the military, something has occurred there in the
military for which he has gotten an undesirable discharge; it is a stigma. It is a
liability, and a heavy one."

Jn a similar vein, Chief Judge Quinn of the Court of Military Appeals, testified concerning the undesirable discharge, that:

I think, generally speaking, Mr. Chairman, it is worse than a bad conduct discharge, as far as its implications are concerned, and the results also are quite severe. You cannot get a job in a bank or a trust company or for the Govern- ment; for Electric Boat, for instance, at New London or any of the places where there is any confidential requirement. They will not give work to a man with an undesirable discharge. It is a very severe penalty. I think that an undesirable discharge is a very severe penalty, and I believe that it should not be given except as a result of a court-martial, except in the instance where the individual, after proper legal advice, and proper legal protection, decides to accept it for his own personal protection. I mean in the case of homosexuals, I can see there where they might want to take the undesirable discharge. But I think they ought to have a right to a trial. I think it is a very severe penalty.


https://www.rallypoint.com/answers/what-is-your-response-to-constitutional-rights-of-military-personnel-summary-report-88th-congress-washington-1963
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