I am being court-martialed and have been on legal hold past my ETS. If I do not get a BCD will I then be entitled to an Honorable? My ADC tells me that the reg says a service member is entitled to an honorable at ETS and all ETS seperations most be honorable unless it is a chapter 4 (OTH in lieu of CM) or a bcd/dd was awarded. However....He said the legal office will most likely try to give me a General anyway (by pencil whipping it through personnel). I am aware this is a practice they utilize 99% of the time when someone does not get a "kick", they try to admin discharge you while your appeals are going through. However, my case is different as I am past my ETS and am on hold. He said that if they do give me an admin general I should not have any problems upgrading it after 6 months with a good attorney. Do any of you have any experiance in this regard...any insight is good.

Well, I don't think I can really answer your question, because it is so reg specific. I do know you can, in some cases, get your discharge upgraded. There are several attorneys who specialize in this area. One is Phil Cave (see his website at www.court-martial.com) The category of discharge you get will probably depend on the charge and what type of court-martial. Is it general or special? I don't know how being past your ETS would affect things. Maybe ABNDave or one of the others who were active duty when they had to deal with the UCMJ can answer your question more completely. Good Luck!