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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 34078
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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I was a member of the Florida National Guard For 6 years. I

Resolved Question:

I was a member of the Florida National Guard For 6 years. I served with the 211th regiment of the 51st Division during the Korean War.
My question is would I qualify for any veterans benefits,such as Assisted Living benefit.

My Name:
David Hardy XXXXX

Submitted: 5 years ago.
Category: Military Law
Expert:  P. Simmons replied 5 years ago.
Thanks for the chance to help. I am an attorney with over 12 years military law experience.

Can you tell me, you state you served with the 51st Division during the war...was this on active duty? For how long (how many months)?

Customer: replied 5 years ago.


I do not know if we were on active duty at any time of my tenure. I was told by the Va once that I was qualified for a VA mortage.I was in the guard from 1951 thru1956

Expert:  P. Simmons replied 5 years ago.
The only way to qualify for pension benefits is if you served at least 90 days consecutive active duty after initial training. It is possible to qualify for a VA mortgage without active duty...but for assisted living benefits (called "aid and attendance") there is the 90 day active duty requirement.

Sorry to have to bear bad news but it sounds like you will not qualify.

Customer: replied 5 years ago.
Did you have the time to check whether this unit was ever considered to be on active duty or is this your opinion ?
Expert:  P. Simmons replied 5 years ago.
Active duty would be if you were called up to full time status. If you are not sure, you can check easily enough by looking at your DD214 if you have one...that would be issued if you were called to active duty.

If you are not sure if you have a DD214 you can request your records here
P. Simmons and other Military Law Specialists are ready to help you

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