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Administrative – Military discharge – Upgrade

Summary by Massachusetts Lawyers Weekly
Where a plaintiff received only a partial upgrade to an under honorable conditions discharge from the Navy rather than an honorable discharge, a remand is necessary because it was arbitrary and capricious not to explain why aggravating factors — namely, the fact that the plaintiff physically assaulted fellow sailors — outweigh mitigating factors expressly raised by him.
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Massachusetts Lawyers Weekly broke the news in on Friday, April 4, 2025.
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