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2016/05/05

How To Deal With Innacurate Military Discharge

By Carol McDonald


Service men discharged involuntarily suffer heavily because their records are tarnished. With little knowledge about regulations on how to correct innacurate military discharge, a lot, including your health and finances are at risk. With an increase in errors causing more service men to be discharged, it is important to find a professional to help you reverse the situation.

A simple act may be tagged as misconduct and lead to dismissal from service. Another situation is where several minor incidences accumulate and lead to final dismissal. The law provides that such incidences do not have to meet the threshold for court martial, UCMJ, invocation of article 15, civil conviction or non-judicial punishment. The problem is that, whenever such issues are quoted, your medical history or condition is overlooked. Only a positive review or ruling in your favor can cause reversal.

Some dismissals result from what is described as disintegration of mental or physical condition. Some of these conditions are usually transitory or so minor that they cannot push you towards being discharged on medical ground. They are only considered aggravated to the extent of interfering with your work. Determining the extent of illness is the issue with this procedure. It has been argued that these grounds are used to minimize the cost of lengthy medical retirement schemes.

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.

Dismissal should be done in accordance with the law. It stipulates that you get a notice with clear reasons and evidence. Transitional period and support are also mandatory. Your VA benefits must also be initiated and safeguarded. The type of discharge should be indicated. This will improve your prospects after leaving the service.

The absence of clear dismissal rules has invited creativity into the process. This is where your rights are easily trampled upon. To safeguard your accomplishments and entitlements, enlist the services of a professional attorney to scrutinize the process. It will shield you from biases that are obvious to all human beings. There are also procedural errors that compromise your entitlement. An expert will easily cite them to safeguard your records and entitlement.




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