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Delaware Complaint in Federal District Court for a Mandatory Injunction to Prevent the Substitution of an Honorable Discharge for Invalid, Punitive Court - Martial Ordered Discharge

Category:
Federal - Injunctions
State:
Multi-State
Control #:
US-02159BG
Format:
Word; 
Rich Text
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Description

Injunctive relief consists of a court order called an injunction, requiring an individual to do or not do a specific action. It is an extraordinary remedy that courts utilize in special cases where preservation of the status quo or taking some specific action is required in order to prevent possible injustice. For example, in a custody case, an injunction may be used to prevent a party from removing a child from the country. Injunctive relief is an equitable remedy granted when money damages are not able to compensate the plaintiff's violation of rights if an injunction is not granted. Failure to comply with a notice of an injunction is punishable by being held in contempt of court.


Mandamus is an order to a public agency or governmental body to perform an act required by law when it has neglected or refused to do so. A person may petition for a writ of mandamus when an official has refused to fulfill a legal obligation, such as ordering an agency to release public records.

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  • Preview Complaint in Federal District Court for a Mandatory Injunction to Prevent the Substitution of an Honorable Discharge for Invalid, Punitive Court - Martial Ordered Discharge
  • Preview Complaint in Federal District Court for a Mandatory Injunction to Prevent the Substitution of an Honorable Discharge for Invalid, Punitive Court - Martial Ordered Discharge
  • Preview Complaint in Federal District Court for a Mandatory Injunction to Prevent the Substitution of an Honorable Discharge for Invalid, Punitive Court - Martial Ordered Discharge
  • Preview Complaint in Federal District Court for a Mandatory Injunction to Prevent the Substitution of an Honorable Discharge for Invalid, Punitive Court - Martial Ordered Discharge

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FAQ

To receive VA home loan benefits and services, the Veteran's character of discharge or service must be under other than dishonorable conditions (e.g., honorable, under honorable conditions, general). Generally, there is no character of discharge bar to benefits to Veterans' Group Life Insurance.

Normally only honorable and general under honorable conditions will qualify the veteran for benefits. An uncharacterized discharge may also qualify the veteran, but it is up to the VA and is handled on a case- by-case basis. Officers cannot receive a dishonorable discharge.

Type of Separation An entry level performance and conduct discharge will result in an uncharacterized Entry Level Separation. While it is not likely to have a negative impact on future employment, some employers may not want to hire someone who could not adapt to the military.

State as briefly as possible the facts showing that each plaintiff is entitled to the injunction or other relief sought. State how each defendant was involved and what each defendant did that caused the plaintiff harm or violated the plaintiff's rights, including the dates and places of that involvement or conduct.

Uncharacterized discharges of military enlisted persons result under the following circumstances: (1) entry-level separation; (2) void enlistment or induction; or (3) dropping from the rolls. The Commissioned Corps of Public Health Services does not use uncharacterized discharge to characterize separations.

Bad Conduct (BCD) Unlike an administrative discharge, a Bad Conduct Discharge (BCD) is a punitive discharge that can only be given by a court-martial (either Special or General) as punishment to an enlisted service-member. Bad conduct discharges are often preceded by a period of confinement in a military prison.

The Role of Discharge Type on Potential Reenlistment It signifies that the individual served with distinction, meeting or exceeding the military's conduct and performance standards. In most cases, only those with an honorable discharge are eligible for reenlistment.

What is an Honorable Discharge? An Honorable Discharge is the top-most ranking a service member can receive upon leaving the military. This status indicates you have faithfully and patriotically performed your duties, and conducted yourself in a manner of benefit to your branch.

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