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Dishonourable discharge from Reserves expunged?

LexLeu

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My husband was an Army Reservist in the late 90's/early 2000s. He requested a 2 week leave and he received verbal approval from his CO, but when he returned, he was handed papers saying he was being dishonourably discharged due to going AWOL. Apparently, his CO never filed his leave request, so he was considered AWOL.

I am wondering if there is some way he can apply to have his dishonourable discharge expunged or somehow removed from his record. This all happened years before I met him and I have no military knowledge or experience, so I apologize for my ignorance here. I just know he is sad that he ended his military career in a dishonourable discharge, especially when he thought he had taken care of things. I wish I could find a way for him to have that removed from his record and just have him considered a past member of the Armed Forces. Is there anything we can do in this situation?
TIA!
 
No idea. I know he has no criminal record and didn't have to serve time or anything like that, if that helps??
 
I mean no disrespect, but your story as related makes no sense.

I recommend that you request a copy of his service records so that you are better informed regarding the specifics of his release. Once you know exactly what happened, you will have better luck figuring out what to do next.

You can find more information at this page:

Request military records and service files
 
Thank you for your help! We will definitely look into getting his record.
As I mentioned, I am very unfamiliar with things related to the military. His story made sense to me. My understanding is that he thought he had been granted leave, but upon returning, realized that the appropriate paperwork for his leave had not been filed, and therefore he was considered AWOL. What part of this does not make sense? Is there a procedural step missing? Or do the consequences not fit the scenario? Please know that I am asking these questions humbly with a desire to learn - I know tone doesn't always come across online and I'm not being sarcastic or petulant in asking. I'm just trying to better understand the situation. Thank you.
 
Thank you for your help! We will definitely look into getting his record.
As I mentioned, I am very unfamiliar with things related to the military. His story made sense to me. My understanding is that he thought he had been granted leave,
Generally that would have come with a signed leave pass. Without that, yes AWOL could be a thing. I he should have had that before going leave. Now as a reservist, that would only happen if he was on a full time contract or on a course for example. If he was just class A, being away 2 weeks would not normally be an issue.
but upon returning, realized that the appropriate paperwork for his leave had not been filed, and therefore he was considered AWOL.
See above.
What part of this does not make sense? Is there a procedural step missing? Or do the consequences not fit the scenario?
AWOL is normally a chargeable offense. Unless there are a bunch of other things, it wouldn’t normally result in being kicked out upon return (not impossible but highly improbable if it was just that) Now if he was on a basic training or occupational course over the summer he’d be removed from course to be sure and likely charged with AWOL. But there would be some admin to be done to release him.

Releasing him for being AWOL without being charged seems odd.

Please know that I am asking these questions humbly with a desire to learn - I know tone doesn't always come across online and I'm not being sarcastic or petulant in asking. I'm just trying to better understand the situation. Thank you.
Most people here will try and help. But there seems to be some missing info.
 
I would not be surprised by poor administration in reserve units during the time frame that your husband served. I was the CO of a reserve unit for a short period around that time. The reason there seems to be something odd about the story is that the process to release someone from the reserves would should have followed that outlined in Annex D to CFAO 49-11.

ANNEX D -- RELEASE

GENERAL

1. The reasons, conditions and procedures pertaining to the release of
members are prescribed in QR&O Chapter 15, Sections 1 and 3. The
policies indicating which item of release should be applied to the release
of a member of the Primary Reserve are the same as those which pertain to
the Regular Force and are contained in Annex A to 15-2.


COMPULSORY RETIREMENT AGES (CRA)

2. Superceded by ADM(HR-Mil) Instruction 14/04
3. Superceded by ADM(HR-Mil) Instruction 14/04

EXTENSIONS OF SERVICE BEYOND RELEASE DATE

4. It is not possible to retroactively adjust a release date, therefore
authority to defer or extend a member's service must be issued prior to the
current release date.


RELEASE OF NON-EFFECTIVE MEMBER

5. A member shall be classed non-effective when absence from training has
exceeded 30 days, during which time no fewer than three parades were
conducted by the unit, unless the member has been exempted from such
training by the commanding officer.
Note -- NCMs may be granted exemption from Class UA" unit training as
follows:
a. up to 90 days by unit CO;
b. from 90-180 days by District Comd;
c. from 180 to 365 days by Area Comd; and
d. beyond 365 days by commander of a command. Exemptions beyond 365
days duration shall only be granted in exceptional and well
substantiated circumstances.


6. A member serving on Primary Reserve List (PRL) who does not complete a
cumulative total of 14 days training per year shall be designated
non-effective.


7. When a member is classified non-effective, the commanding officer
shall communicate immediately with the member:

a. to determine when or if the member will again become effective;
or
b. to grant, only if the member so requests in writing, exemption
from training if circumstances indicate that such exemption
should be granted.


8. If the member does not become effective or is not granted exemption
from training, the commanding officer shall:

a. initiate recovery action of any public clothing, materiel or
stores; in accordance with A-LM-181-001/IS-001 and having regard
to QR&O 38.03; and
b. within 60 days after the member has been classified
non-effective, initiate release proceedings under item 5(f) of
the table to QR&O 15.01.


MEDICAL EXAMINATION ON RELEASE

9. Prior to release of a member, documentation shall be completed in
accordance with 34-39.


CERTIFICATES OF SERVICE

10. A released member shall be issued the appropriate certificates of
service in accordance with A-PM-245-001/FP-Z01.


DISPOSAL OF DOCUMENTS

11. When release proceedings have been completed, all documents shall be
forwarded to Area Headquarters (or equivalent) for retention and eventual
disposal as prescribed in A-PM-245-001/FP-Z01.


APPROVING AUTHORITY

12. Release items are prescribed in the table to QR&O 15.01 and
require approval as follows:

a. items 1 and 2-- the commander of the command; and

b. items 3, 4 and 5--

(1) for members below the rank of sergeant with less than nine
years service -- the unit CO, and

(2) for all other members, the commander of the command or such
authority as may be designated by the commander of the
command.


RECOMMENDATION FOR RELEASE

13. A recommendation for the release of a member may, subject to any
limitations imposed by the commander of a command, be initiated by a
commanding officer.


EFFECTIVE DATE OF RELEASE

14. A commanding officer recommending the release of a member may also
recommend a release date to the approving authority (see QR&O 15.03).


VOLUNTARY RELEASE

15. Members wishing voluntary release shall request release by submitting
an application to their CO in the form shown at Appendix 3.


COMPULSORY RELEASE

16. When it is proposed to recommend the release of a member under item 1
(b), 1 (d), 2, 5(d), 5(e) or 5(f) of the table to QR&O 15.01, the
procedure prescribed in QR&O 15.36 shall be followed using the form in
Appendix 1 to this annex. After the member concerned has signed paragraph 4
of the "Notice of Intent to Recommend Release", or after the expiration of
14 days, whichever occurs first, the commanding officer shall prepare a
recommendation for release in the form shown at Appendix 2 and forward it
with Appendix 1 through the normal chain of command to the approving
authority.

Note -- A "Notice of Intent to Recommend Release" is not required when a
member is committed to undergo a sentence of imprisonment.


17. Upon receipt of Appendixes 1 and 2, the area commander shall:

a. direct that the member concerned be retained in the CF;
b. where the member concerned objects to being recommended for
release, forward to command headquarters copies of Appendixes 1
and 2, with attachments, and recommend an effective date of
release; or
c. where the member concerned does not object to being recommended
for release, authorize the commencement of release proceedings.


18. Except when a member has been designated as non-effective pursuant to
paragraph 5 of this annex, a "Notice of Intent to Recommend Release" under
item 2, 5(d) or 5(f) of the table to QR&O 15.01 should not normally be
given until the procedure outlined in 26-17 has been complied with.


19. The policy and procedure leading to release in special circumstances
shall be based on the policy contained in the applicable CFAO, as follows:
a. 19-20 -- Homosexuality, Sexual Abnormality;
b. 19-21 -- Unauthorized Use of Drugs;
c. 19-31 -- Misuse of Alcohol;
d. 19-34 -- Obesity; and
e. 34-25 -- Psychoneurotic and Personality Disorders-- Medical
Examination and Disposal.


Issued 12 Jun 87


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ANNEX D, APPENDIX 1 -- NOTICE OF INTENT TO RECOMMEND RELEASE

To: ....................................................................................
(SIN) (Rank) (Surname and Initials) (MOC)


1. This notice is to advise you that it is intended to recommend your release from the
Canadian Forces under item (1 (b), 1 (d), 2(a), 2(b), 5(d), 5(e) or 5(f), as applicable) of
the table to QR&O 15.01 for the following reasons:


2. You are required to notify your commanding officer in writing, within 14 days, whether
or not you object to being released. If you do not reply within 14 days, your failure to do so
will be deemed to be an admission that you have no objection to being released for the reasons
stated above.


.................... ...............................................................
(Date) Originator (Name, Rank, Appointment, Unit)




3. Receipt acknowledged.


.................... ...............................................................
(Date) (Signature)




4. I do/do not object to being released from the Canadian Forces under item of the table
to QR&O 15.01. My objections, if any, are attached.


5. 1 understand that if my release is to be proceeded with, despite my objections, I have
the right to make an application for redress of grievance in accordance with QR&O 19.26.





.................... ...............................................................
(Date) (Signature)


DISTRIBUTION


Original -- Area Headquarters
Copy 1 -- District HQ
Copy 2 -- Unit Personnel Records
Copy 3 -- Member's retention


Note-- This form shall be reproduced locally.


Issued 12 Jun 87

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ANNEX D, APPENDIX 2 -- RECOMMENDATION FOR COMPULSORY RELEASE

1. It is recommended that ...........................................................
(SIN) (Rank)
.......................................................................................
(Surname and Initials) (MOC)

be compulsorily released from the Canadian Forces for the following reasons:





2. The following documents are attached (delete non-applicable items):

a. Notice of Intent to Recommend Release (Appendix 1 of this annex, including member's
objection, if applicable, or a statement to the effect that the member failed to
reply within 14 days).

b. Counselling & Probation (Annex B to 26-17).

c. Copy of registered letter (for a member designated as non-effective).

d. Copy of command surgeon's message
issued in accordance with 34-39............................

e. Copy of Conduct Sheet.

f. Documentary proof of outstanding or potential public or non-public claims against
this member.


3. It is recommended that ................................................................
(Rank) (Surname & Initials)

be released under item ................ of the table to QR&O 15.01.


..........................................................................................
(Unit UIC) (Date) (Signature of Commanding Officer)




4. I recommend/do not recommend that ...................................................
(Rank) (Surname & Initials)
be released.





..........................................................................................
(Date) (Signature of Area Commander)





5. I concur/do not concur that .........................................................
(Rank) (Surname & Initials)
should be released from the Canadian Forces; and:
a. authorize the commencement of release proceedings; and
b. recommend the effective release date be ................................................
(Date)
(delete subparagraphs a and b if not applicable)





..........................................................................................
(Date) (Signature of Commander of Command)

Note-- This form shall be reproduced locally.


Issued 12 Jun 87





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ANNEX D, APPENDIX 3 -- APPLICATION FOR VOLUNTARY RELEASE/TRANSFER

PART 1

(To be completed by unit administrative authority)

..........................................................................................
(SIN) (Rank) (Surname & Initials) (MOC)


..........................................................................................
(Unit) (Enrolment Date) (CRA Date)


PART 2

(To be completed by member applying for release)


1. I hereby apply for release/transfer from the Primary Reserve under the provisions of
QR&O 15.01 Item 4(c) "On Request-- Other Causes".


2. I request/do not request transfer to the Supplementary Reserve effective the date of
release from the Primary Reserve.


3. This request is made for the following reasons:

..........................................................................................

..........................................................................................

..........................................................................................

..........................................................................................


..........................................................................................
(Date) (Signature of Applicant)


PART 3

(To be completed by the appropriate unit authority)


1. This application has been reviewed, the applicant counselled, and it is recommended
that release be granted effective .....................
(Date)
2. Documented substantiation of outstanding claims is attached (delete if not applicable).


3. It is certified that this recommendation is not made for the purpose of allowing
the applicant to avoid the consequences of the applicant's inefficiency, unsuitability or
misconduct.


4. I recommend the application for transfer to the Supplementary reserve be approved
(delete if not applicable).





..........................................................................................
(Date) (Signature of Commanding Officer)

PART 4

(To be completed at District HQ (or equivalent))


1. a. I have reviewed ..................................................................
(Rank) (Surname & Initials)

application for release and authorize/recommend release proceedings to commence with an
effective release date of ..........................
(Date)

b. I recommend/do not recommend transfer to the Supplementary Reserve effective ..........
(Date)
(Delete subparagraph not applicable)




.......................................................................................
(Date) (Signature of Dist Commander (or equivalent))

PART 5

(To be completed at Area HQ (or equivalent))


1. a. I have reviewed ..................................................................
(Rank) (Surname & Initials)

application for release and authorize/recommend release proceedings to commence with an
effective release date of ..........................
(Date)

b. I approve/do not approve transfer to the Supplementary Reserve effective ..............
(Date)
(Delete subparagraph not applicable)




..........................................................................................
(Date) (Signature of Dist Commander (or equivalent))


DISTRIBUTION
Original -- Area HQ
Copy -- Unit Personnel Records


Note-- This form shall be reproduced locally.


Issued 12 Jun 87
 
Following on the advice others have offered. When you are reviewing your husband's copy of his service records, the two main items which are considered dishonourable are items 1(b), 1 (d), and 2.

This means that if his service records mention any other release item, such as 5(c or 5(f), his release is still honourable.
 
I will also add that it is extremely uncommon for a Release Item to be changed. I have only seen it done a handful of times, and typically when it is clearly shown that a procedural error or delay in processing information disadvantaged a member. As Kratz noted above, only Item 1 (misconduct) and Item 2 (unsatisfactory service) releases are considered 'dishonourable' - all others are 'honourable'. I have never seen an Item 1 or 2 changed after release, though perhaps it has been done.
 
Yes! Sorry, I should have clarified. Canadian reserve forces.

You might try and contact the unit involved, they might have some record or know someone who knows what happened in the process.

Some reserve units have people who stay there a long, long time ;)
 
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