The questions and answers posed here are some of the most common.  As always, your specific case maybe different, but these FAQs should be a start.

1.  Is my administrative discharge automatically upgraded after six months (or any other time)?  No, this is one of the most frequent false statements made by people, often times by those engaged in the administrative process on behalf of the command.  You may petition the Discharge Review Board up to 15 years from the date of discharge (as shown on your DD214).  An upgrade is discretionary.

2.  I was punished at NJP/Office Hours/Article 15.  Do I have a federal conviction?  No.  You don't have a conviction, so it doesn't matter whether or not the action was "federal." 

3.  I was convicted a SUMMARY court-martial.  Do I have a federal conviction?  Depends.  If you were not represented by a lawyer at the trial itself, then according to the United States Supreme Court you do not have a conviction.  However, if during the trial you were represented by a lawyer and were convicted, then you have a conviction.  If you received the assistance of a lawyer prior to trial, in analyzing your case, helping you prepare, but the lawyer did not appear at the trial, then again you do not have a conviction.

4.  I was convicted at Special or General Court-Martial, do I have a felony conviction?  Depends.   Yes, you have a conviction.  The next step is to look at the State law for your jurisdiction and find out if it is a felony in that state to commit the crime(s) of which you were convicted at court-martial.

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