Tuesday, 17 May 2016

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 single act tagged as misconduct results in dismissal. For others, several incidences that are considered minor will cause you to be discharged. The incidents that lead to dismissal do not necessarily have to emanate from civil conviction, non-judicial punishment, UCMJ, court martial or invocation of article 15. Whenever OTH is mentioned, your medical history is overlooked. The only way you will find your way back is through a positive review or ruling.

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.

As much as personality disorder cannot be ranked alongside misconduct and other gross mistakes, it portends a grim future for you. Employers are at time reluctant to hire you thinking that you will cause trouble or be disorderly at work. A specialist will ensure that the right words are used or you benefit from other options apart from dismissal. Use of traumatizing language reduces your earning prospects and will affect your stability in future.

The severity of your condition and reasons for dismissal warrants support services from the military. You are entitled to rehabilitation and counseling support to overcome your challenge as well as become more productive. It also helps you to regain productivity in case it was lost. Intervention will prevent the dismissing officer from waiving counseling or rehabilitation since he holds the power. In case the waiver is instituted, due process must be followed.

The law must be followed before you are discharged. This includes notification of dismissal and clarification of your rights. Separation and transitional sessions are also provided. Your VA benefits will also be initiated before actual dismissal. A specific reason and actual type of discharge are quoted. This transition period will determine your prospects thereafter.

There is a lot of creativity during dismissal because the rules are vague. It leads to trampling of the rights of many service men. A specialist attorney will ensure that your rights are safeguarded. Human and personal biases will not affect your records or future prospects.




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