O.T.H. Discharge

[1371 Oki]

Back in 1997 I made a dumb mistake and received an O.T.H. I feel that I have lived a good life since that time and knew that someday I would want to try and change this on my record. Does anyone know if that is possible and what the steps would be to get this changed???

I would greatly appreciate any knowledge that one could pass to me.

Semper Fi

[dscusmc]

I sent you a PM, but for general information of other forum members I attached one avenue of approach for dealing with record changes. Attached below is 10 USC section 1553, which addresses the board for the Correction of Military Records. -- S/F

UNITED STATES CODE SERVICE

*** CURRENT THROUGH P.L. 109-173, APPROVED 2/15/06 ***
*** WITH A GAP OF 109-171 ***

TITLE 10. ARMED FORCES
SUBTITLE A. GENERAL MILITARY LAW
PART II. PERSONNEL
CHAPTER 79. CORRECTION OF MILITARY RECORDS

10 USCS § 1553

§ 1553. Review of discharge or dismissal

(a) The Secretary concerned shall, after consulting the Secretary of Veterans Affairs, establish a board of review, consisting of five members, to review the discharge or dismissal (other than a discharge or dismissal by sentence of a general court-martial) of any former member of an armed force under the jurisdiction of his department upon its own motion or upon the request of the former member or, if he is dead, his surviving spouse, next of kin, or legal representative. A motion or request for review must be made within 15 years after the date of the discharge or dismissal. With respect to a discharge or dismissal adjudged by a court-martial case tried or reviewed under chapter 47 of this title [10 USCS §§ 801 et seq.] (or under the Uniform Code of Military Justice (Public Law 506 of the 81st Congress)), action under this subsection may extend only to a change in the discharge or dismissal or issuance of a new discharge for purposes of clemency.

(b) A board established under this section may, subject to review by the Secretary concerned, change a discharge or dismissal, or issue a new discharge, to reflect its findings.

(c) A review by a board established under this section shall be based on the records of the armed forces concerned and such other evidence as may be presented to the board. A witness may present evidence to the board in person or by affidavit. A person who requests a review under this section may appear before the board in person or by counsel or an accredited representative of an organization recognized by the Secretary of Veterans Affairs under chapter 59 of title 38 [38 USCS §§ 5901 et seq.].

[dscusmc]

One more source of information. The Marine Corps Online Publications Electronic Library has a link to the Code of Federal Regulations: http://www.gpoaccess.gov/cfr/retrieve.html. Title 32 CFR Parts 723 and 724 relate to the Naval Discharge Review Board. There are time-limits involved for filing appeals. The NDRB website is at: http://boards.law.af.mil/NAVY/DRB/NDRB_MissionPg.htm

[dscusmc]

From the NDRB, you can go into the docket and look at some of the applications and decisions of the board: http://boards.law.af.mil/NAVY_DRB.htm

There are plenty of civilian lawyers out there that handle these types of appeals.

[VaMarine]

After reading a good portion of the dockets.. it appears if it was drug related your screwed on getting a relief, or if you have more than 1 or 2 violations the relief is denied.. Some of these cases though you have to wonder why they decided to even attempt to get relief.. they have 10 or 15 things on the page 11 and page 12... come on now..