Results 1 to 4 of 4
  1. #1
    Join Date
    Jul 2014
    Posts
    2

    Default Discharge for Misconduct Due to a False Domestic Violence Accusation

    Hi,

    Im just looking for answers here and firstly would like to say this in advance which for some reason people always say this. In no way am I trying to blame the army, I'm not trying to sue the army, I'm simply trying to fix MY mistake. I understand the consequences, I have stood up and admitted what I did was wrong, i also understand that I took away the opportunity for the investigators to work with real domestic violence victims I truly hope from the bottom of my heart they can forgive me.
    So to begin with my story, I had lied to the army that my husband had beat me, punched me, kicked me, pushed me.... I wrote a statement and signed it, there were no witnesses, no bruises I was never checked medically. Well because of my statement he got an article 15, rank reduction and pay reduction plus 45/45 but he was never convicted for domestic violence. He got discharged with a pattern of misconduct, chapter 14-12b, re-3, general under honorable discharge he completed 2 out of 4 years of his contact. My question is can we send in his information to the army boards of correction? We would like to change his discharge back to honorable if possible, I was told because it wasn't the army's fault there is nothing we can do. We would like to hire a lawyer but before we contact one we want to kind of get a glimpse of what to expect. My husband and I are doing great outside the army, he got a job 3 weeks out of service, with full benefits we also had 2 kids within one year. So honestly I can't complain we are blessed but I cannot leave this burden on my husband and I have wrote a letter to his CO before discharge stating I lied, and the reason why I lied (he cheated before we got married) he clearly never read it. I had called him after my husband discharge asking him if he ever read my letter attached to the paperwork he said no, I admitted what I did and he apologized for not reading it and was shocked, recommended that my husband take it to the discharge boards for upgrade. My husbands file is sqeaky clean he has one article 15 as I have previously stated, I don't see how he got 'pattern' either. Is there a way I can get my statement off his file? Then going through the discharge review boards....it's my stupid statement that is holding him back. Does my husband have any hope or have I completely killed all chances for him? Please feel free to ask questions

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Discharge for Misconduct Due to a False Domestic Violence Accusation

    I very much doubt that you and your husband are going to find a way to unring the bell.

  3. #3
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Discharge for Misconduct Due to a False Domestic Violence Accusation

    I think his chances are less than 0%, but since I have this handy anyway, here's the form:

    http://www.dtic.mil/whs/directives/i...rms/dd0293.pdf

    Please understand that your letter is very much typical of many abuse victims; recanting the statement is so very, very common. (Common enough that the state virtually expects it to happen, and will try to go on with the prosecution regardless)

  4. #4
    Join Date
    Jul 2014
    Posts
    2

    Default Re: Discharge for Misconduct Due to a False Domestic Violence Accusation

    Thank you for your replies I appreciate them. Yes I spoke with a lawyer who I had emailed originally he actually told me he wouldn't even take on our case due to it being so common, well lo and behold I get a phone call from him 10 mins later, he asked me to explain why I lied, I told him. He was willing to take our case and represent us, $4,000 and no guarantee That the discharge would be upgraded, he suggested that we upgrade his discharge, then go through the removal process of his article 15, lastly change his reenlistment code. But he said my husband has a better chance of reenlisting then getting it upgraded. Really debating on if $4,000 is worth it.

    1. Sponsored Links
       

Similar Threads

  1. Establishment: False Domestic Violence Accusation and Perjury Prosecution
    By davidsboe80 in forum Orders of Protection
    Replies: 8
    Last Post: 02-03-2014, 05:30 AM
  2. Replies: 1
    Last Post: 12-31-2010, 10:40 PM
  3. Assault & Battery: Domestic Violence and Police Misconduct
    By jerassica in forum Criminal Charges
    Replies: 1
    Last Post: 05-22-2009, 12:49 AM
  4. Naturalization: Domestic Violence Accusation and Getting Citizenship
    By hsiehd888 in forum Permanent Residency and Naturalization
    Replies: 3
    Last Post: 09-14-2006, 10:18 AM
  5. Assault & Battery: Domestic Violence accusation, her word against mine.
    By Jhenderson in forum Criminal Charges
    Replies: 4
    Last Post: 03-30-2006, 04:56 AM
 
 
Sponsored Links

Legal Help, Information and Resources