Discharged Cadet want to serve

[johnny1825]

My son made a foolish decision that cost him a separation from West Point. He resigned in lieu of an investigation. He still has every desire to become an Army Officer. He was told by the Trial Defense Service that he could have his General Discharge under honorable conditions upgraded to an Honorable Discharge after six months. We have discovered that he will not be able to get into ROTC until this discharge status is changed or until he receives a waiver (which is not happening at this time).
He is now realizing that his foolishness is lasting longer than he ever imagined.

I have gone through over 100 records and did a search through all the rest of the review board records as well as the other academies looking for a cadet who was separated or resigned and desired to get an upgrade to continue their quest of being an army officer. Am I missing something here? I can't believe that none of the resigned or separated cadet who were given General Discharges did not want to continue to pursue a position in the army. I have wondered if the board does something different with the cadets since they are not enlisted personnel. Does anyone know???

Several Questions:

1. Is the upgrade as easy as TDS said? They said that all he had to do was fill out the appropriate form.
2. Are there any documents needed to accompany the upgrade form?
3. Since we are trying to enroll in the Spring and get into ROTC in the fall do we have to wait six months to submit the paperwork.

Please help. Thanks.

 

[johnny1825]

Someone has suggested that the best way to make one's way into ROTC with these circumstances is with a waiver. Can anyone give me some information on how you obtain a waiver?

 

[patentesq]

johnny1825, here's what I would do in your position:

1) You should contact an attorney as soon as possible who specializes in military discharges (preferrably a former JAG officer). Upgrading status from General to Honorable is more complicated than simply "filling out a form", so your son may have received some incomplete advice. Do NOT go to a local lawyer, because they won't have a clue how to handle this. For starters, I just did a quick search on the web and located these guys: http://www.militarylawyers.org/discharge-military-cases.php I would meet with several lawyers on an introductory basis and in person (this likely will not cost you anything, and you will learn a LOT during the process of interviewing lawyers for the requested representation). Once you have contacted several lawyers, only then will you be in a position to select the one that is most innovative, energetic, and presents the most ideas and how best help you navigate through this.

As for the documents you will need, note that your son needs to present documentary evidence in support his reasons for the upgrade (things like awards received, etc.). Your attorney will be able to explain all that and cast your DS's application in the best possible light. I can't underscore enough that this is NOT a DIY project.

2) The DRB, however, is not empowered to secure an ROTC slot for your son. As such, he would have to proceed along that path as any other student would. I would suggest contacting a ROO at a local college to learn what the road map looks like and what the current status is on waivers (you can even contact one who is not at your son's school). Even if they tell you that granting a waiver is unlikely, apply for it anyway.

3) Get started on this immediately (you've already accomplished this!).

4) Finally, I would not file anything until you become an expert on all possible options you have at your disposal. Keep your eye on deadlines, though. In a very short period of time, you will become more knowledgeable about this issue than anyone here on SAF, and quite possibly the attorney representing your son. Even if we were able to answer all of your questions here on SAF (a virtual impossibility to accomplish without going into the circumstances of your case in significant detail, which would be imprudent on a public forum), I would not submit the DD Form 693 to the DRB without the legal judgment of an attorney who knows which arguments have worked before the DRB in the past and which have not.

I wish that I could provide more substantive help.