My husband has been recommended for 2 article 15 this year. One for missing formation and a doctor's appointment and the other for giving a false official statement (given on a cell phone with bad communication). Either way he has already lost rank time, and money over the first one and is in process of getting the second one. My question is they also want to Chapter him out of the Army however he is going through med board process, what are his chances of getting an honarable discharge so he can get his disability? He has served 10 years and been in two wars both in which he was injured.
State/Country relating to question: Oklahoma
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Thank you for your question today, I look forward to assisting you. I have nearly 20 years of legal experience in various disciplines, including JAG.If they are seeking separation based on misconduct, meaning two Article 15's as the basis for it, he can't get an honorable discharge except in the most extraordinary circumstances.The will seek an other than honorable discharge and he will be entitled to a separation board. He may be offered the chance to waive that board or he may earn, through his arguments before the board, a General Discharge (or the board can recommend retention).Regardless, he can still obtain VA disability if he gets a general discharge. It won't work the same as an MEB, but it will still be available. Only if he gets the OTH, which he has plenty of opportunity to fight, would VA disability become very unlikely to obtain.
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