Wrongful Discharge and Military Pay
This brief legal guide offers initial information for educational use only concerning wrongful discharges of Service members from the military and denial of correct military pay.
Step 1 - were you wrongfully discharged?Service member separations are highly regulated. The analysis starts with whether the military complied with its own regulations or instructions when it separated a Service member. For example, if the military fails to disclose all the evidence, fails to properly notify a Service member, or when it fails to properly convene a separation board - these violations could result in a wrongful discharge.
Step 2 - is the Service member entitled to back pay?Under the Military Pay Act, Service members are entitled to correct military pay. When they are wrongfully separated, they may be entitled to back pay. Thus, it is important to determine if any violations warrant relief. In a typical case, a Service member who was wrongfully separated four years ago, may be entitled to back pay for the years in question. In addition, there are separate rules for promotions and retirements.
Step 3 - is the Service member entitled to correction of military records?Once it is clear that there are violations that result in denial of military pay, it is important to also correct Service member's military records as well. Under Title 10, Service members may correct their records through administrative boards. In addition, Federal Courts may determine if any records must be corrected under the Administrative Procedures Act. For example, a Service member who was wrongfully separated with an other than honorable characterization of service, may be entitled to back pay, and also to a different characterization of service (general under honorable conditions or honorable).