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... now that the rules have changed?

Are the retroactive?

2006-08-29 06:15:21 · 9 answers · asked by sdraterasbil 2 in Politics & Government Military

I know of someone who's really smart, but really angry about getting kicked out of the Marines. So could he clear his good name now under the newer, more liberal rules?

2006-08-29 06:16:36 · update #1

9 answers

It's probably impossible. For one, you have to PROVE without a shadow of a doubt that the RE code was issued wrongly, and they go by whatever regs were in place at the time of the discharge.

30 years later, how is your friend going to prove he was wrongly discharged? he should have tried to do it back then.

2006-08-29 06:19:46 · answer #1 · answered by Mrsjvb 7 · 1 0

No, it would be the same as a grandfather clause when writing a new civilian law. If you did something that broke the law which is now in effect before it was there, then they can't prosecute you for it.

If this person was kicked out for "Section 8", then it would have been a medical discharge with other, less than honorable circumstances attached to it, and not very likely to get changed.

2006-09-01 09:28:03 · answer #2 · answered by The_moondog 4 · 0 0

Yes, it can be changed. Call Veteran affairs. But a section 8 is not considered a dishonorable discharge.

2006-08-29 06:21:18 · answer #3 · answered by maxinebootie 6 · 0 0

You can appeal a Dishonorable Discharge. I do not know the statue of limitations on it though.

2006-08-29 06:21:20 · answer #4 · answered by B R 4 · 0 0

Un-fortunately it can not be overturned. What ever cause the discharge to take place way back then, it sticks with the time and event. Once old Uncle Sam's people made the decision, that is Final.

2006-08-29 06:21:20 · answer #5 · answered by Norskeyenta 6 · 0 2

I would view a dishonorable discharge from an immoral war as a badge of courage.

2006-08-29 06:35:38 · answer #6 · answered by Jabberwock 5 · 0 1

I'm pretty sure a section 8 is insanity which is not dishonorable. but I could be wrong.

2006-08-29 06:21:10 · answer #7 · answered by Hando C 4 · 1 0

I believe so. Contact your congressional representative--they have the most clout. My cousin was in a similar dilemma and his decision was overturned and he was reinstated with back pay and seniority. Good luck.

2006-08-29 08:30:52 · answer #8 · answered by amish-robot 4 · 0 0

i am not sure wat to do i would reread the rules so u no wat u r doin

2006-08-29 06:18:53 · answer #9 · answered by Jessica W 2 · 0 0

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