How to Appeal a Dishonorable Discharge

A dishonorable discharge from any branch of the military is a shameful action that can scar a person's reputation even after he passes away. You can appeal a discharge, for yourself or a deceased relative, although reversing the ruling can be incredibly difficult.


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Step1
Find out whom to contact to begin the appeal process for a dishonorable discharge. Each branch of the military has a separate appellate court system to handle these cases. If your discharge was handed down as a result of a court martial, then your case will automatically go to one of these courts before the final ruling.


Step2
Begin the appeals process as soon as possible. After 15 years have passed from the date of your discharge, you'll have to file paperwork with the Board of Correction for Military or Naval Records to try and change the ruling. Expect to wait several months or longer to receive a date for your appeal.


Step3
Review your discharge case and find a way to prove that you or your relative were unrighteously given the dishonorable status. Courts will rarely change the ruling unless there is new evidence that proves an internal error or foul play against the service person.


Step4
Upgrade your re-enlistment eligibility code (RE) if you successfully changed your discharge ruling. As an honorable discharge, you should now have the option to re-enlist in the services, although this detail varies by branch.


Step5
See whether you can get other veteran's benefits once your status has been changed. For example, the Veteran's Affairs Office often provides services to anyone who left the military for any reason other than a dishonorable discharge.


Step6
Find a military lawyer to help you appeal your case. Remember that your dishonorable discharge may make it difficult to enlist the services of a military lawyer, so be sure that you can present her with feasible reasons for why your case should go forward. Civilian lawyers with military experience may be your best bet for helping you successfully appeal your case.

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How to Appeal Any Case

So you went to court, put up a good fight but lost anyway. Don't give up yet. Whether it's a traffic ticket, a small claims suit or a civil action, you can always appeal. Here are some tips to help you appeal any case.

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Step1
Review the record. If there was a transcript of your court case or hearing, request a written copy. Look it over for any errors. It is possible that some objections the judge or decision maker overruled were incorrect or some evidence was admitted without proper foundation. Appeals must usually be based on errors of law.


Step2
Research the rules for appealing your particular matter. There will be different procedural rules governing the appeals process depending upon the type of case you have. Familiarize yourself with these rules to ensure you don't miss any important deadlines or fail to follow proper procedure for appealing your case.


Step3
Draft the appeal. State clearly the reasons why the decision was wrong relying on the errors you identified when reviewing the transcript. Don't stray outside the matters dealt with in the previous case or hearing. Explain, clearly and in detail, why the decision was wrong based on the record and exhibits at hand. Finish your brief by asking that the previous decision be overruled or the case remanded for further proceedings.


Step4
Follow any additional instructions given to you. After filing your appeal, you may have to appear in court to argue your case. Often, the opposing party will file an opposition to your appeal and you will have to respond to the arguments made against you. Follow all instructions given to you by the court or whatever body is deciding the issue to make sure you don't miss any important court appearances or deadlines.

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How to Appeal A Small Claims Court Judgment

Have you ever represented yourself in a Small Claims Court trial and lost the case? Did you ever have a judgment made against you that you believe is in error or feel that the whole trial was unfair and it s not right that you lost? Have you ever wanted to appeal the judge s decision but never knew how? Here are a few suggestions on how to appeal a Small Claims Court judgment.


Step1
Order a copy of the transcript and ask the reporter to please expedite its production.


Step2
Give the transcript to a lawyer to examine so that you can know if the matter can be appealed. See article, How to Choose The Right Lawyer for You.


Step3
Find out from the lawyer if his services are necessary to appeal this and how much it will cost you, or whether you can do it yourself.


Step4
If the matter can be appealed, then as soon as possible file an appeal with the court office. Remember, there is a time limitation involved so make sure you don t go passed the time that you can appeal the matter.


Step5
If you believe that your evidence wasn t properly presented to the Court or that you had last minute evidence that never got accepted, find out from the lawyer if the matter can be appealed or if you can ask for a retrial of the facts.


Step6
If the matter can be appealed, you choose to do it without counsel, you will need to contact the court office and get all the information available on how to appeal your case.


Step7
You will then need to order several copies of the transcript, and you will know how many from the court information booklet.


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