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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 26496
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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I served 19 months in the Navy before getting an early separation

Customer Question

I served 19 months in the Navy before getting an early separation from the Navy. I payed into my GI bill and received an honorable discharge and was placed into the IRR after I got out. Do I still qualify for my MGIB?
Submitted: 1 year ago.
Category: Military Law
Expert:  P. Simmons replied 1 year ago.
Thanks for the chance to help. I am an attorney with over 12 years military law experience.

You would...but tell me how long ago did you get out?
Customer: replied 1 year ago.

I got out 1/30/2006

Customer: replied 1 year ago.

I was basically discharged for medical reasons but my dd-214 just noted early separation and I had honorable discharge. I also received a letter last November saying I have been honorably discharged from the Inactive ready reserve

Expert:  P. Simmons replied 1 year ago.
The MGIB requires you serve 2 years at least...why did you get out early?
Expert:  P. Simmons replied 1 year ago.
This is covered in Ch 30 of Title 38 USCode

The basic requirement is that you serve 3 years (unless you have a 2 year enlistment to start)

But there are exceptions.

I will paste them below, but as you can see, you need either 20 months service if you were given an "early out" or you can qualify if you were discharged for a medical condition which preexisted such service on active duty and which the Secretary determines is not service connected

SO if the discharge was for a medical reason, you would need to have your DD214 corrected to be eligible.

You DO qualify for the post 9/11 program, so can apply for that...or you can petition the board of corrections for military records to change your dd214 to have it reflect a medical discharge...you need that before the VA will give you the benefit.

Here is the rule




(ii) who serves in the Armed Forces and is discharged or released from active duty
(I) for a service-connected disability, by reason of a sole survivorship discharge (as that term is defined in section 1174 (i) of title 10), for a medical condition which preexisted such service on active duty and which the Secretary determines is not service connected, for hardship, or for a physical or mental condition that was not characterized as a disability and did not result from the individual’s own willful misconduct but did interfere with the individual’s performance of duty, as determined by the Secretary of each military department in accordance with regulations prescribed by the Secretary of Defense or by the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy;
(II) for the convenience of the Government, if, in the case of an individual with an obligated period of service of two years, the individual completes not less than 20 months of continuous active duty under that period of obligated service, or, in the case of an individual with an obligated period of service of at least three years, the individual completes not less than 30 months of continuous active duty under that period of obligated service; or
(III) involuntarily for the convenience of the Government as a result of a reduction in force, as determined by the Secretary of the military department concerned in accordance with regulations prescribed by the Secretary of Defense or by the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy;
Customer: replied 1 year ago.

So i can still qualify for the post 9/11 benefits. That's good. Do i qualify for a VA mortgage also?

Customer: replied 1 year ago.

I just want to be clear. Unless I get my DD-214 changed to medically discharged I will not be able to utilize my MGIB that I payed in to. Is there anyway I get reimbursed the $1200 I paid into it?

Expert:  P. Simmons replied 1 year ago.
Yes, you qualify for post 9/11 GI Bill. If you served At least 18 months, but less than 24 months you get 70% of the maximim benefit.

VA mortgage requires 2 years. You are short of that.

Reimbursement? That typically must be request AT the time of discharge. If you did not do so, you are likely too lare. You would have to contact the Navy and make this request...but again, after over 6 years I suspect they are going to tell you that you are too late. Still, you can certainly try
Customer: replied 1 year ago.

I am sorry last question. I signed my contract in November 2003 that would put me over the two year mark. I was in DEP (delayed entry program) until June. Will that count as service time. At least that will get me over the 2 year hump. Or does it go from the day I left for boot camp which was June 6th. and when you say two years you are stating active duty correct inactive reserves don't count?

Customer: replied 1 year ago.

Answer the last question below and I will then give you your excellent service rating you provided me with

Expert:  P. Simmons replied 1 year ago.
DEP will not count. THey only start the clock when you hit bootcamp. So the 20 month requirement for convenience of the government applies from day one of bootcamp

And IRR will not count either

The time limits (24 months for the loan program and 20 months for the MGIB if you are discharged for convenience of the government) are active duty times.


P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 26496
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
P. Simmons and other Military Law Specialists are ready to help you
Customer: replied 3 months ago.

Just wanted to follow up on our conversation. I did end up being able to qualify for a VA mortgage and post 9/11 benefits. I appreciate your assistance with that.

Expert:  P. Simmons replied 3 months ago.
Thank you sir...I am happy to hear you received your benefits

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