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Allen M., Esq.
Allen M., Esq., Lawyer
Category: Military Law
Satisfied Customers: 15472
Experience:  Lawyer and current JAG officer.
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Joined US Marine Corps on April 20, 2008 as a basic electrician.

Resolved Question:

Joined US Marine Corps on April 20, 2008 as a basic electrician. Paid $100.00 for my first 12 months into the Montgomery GI Bill. Was discharge general under honorable conditions for BCP. I was deployed to Afghanistan. After coming back they started up the process for BCP in May of 2010. In July of that year, during the 96 liberty for Independence Day, I got into a car accident that shattered my right fibula just above my ankle. I was in no way at fault. My doctor at the time had "reset" my leg and sent me on my way and waited until October to finally refer me to another doctor, who immediately told me I had needed surgery and scheduled it for the 10th of November. They reshaped the bone because of a horrible bone spur that had developed had to cut and separate the bone and add two bone graphs to get the bone back to proper length and added a plate with several screws to secure it all. It took to next April to were I could walk again without aid and my provider took me off limited duty. I then had about a month to get back into shape and into Marine Corp body fat composition standards. In the end I was an inch off and, according to my command, I was out of chances after one year. They started processing me for separations. I continued to serve and was recommended by all my command to be separated honorably. On November 1, 2011 I was officially discharged from active duty. I am current receiving 50% compensation.

I would just like to know two things:
1) Do I have any grounds to appeal my discharge?

2)Can I still receive my educational benefits like the Montgomery GI Bill I payed into or the post 9-11 GI Bill?
Submitted: 1 year ago.
Category: Military Law
Expert:  Allen M., Esq. replied 1 year ago.

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.

 

1. All you can do is appeal to the next level commander, but they will generally stand behind their lower level command decision. There is no other legal option available for you to attempt to work around the command position here. Separation is a command prerogative.

 

2. If you get an Honorable Discharge, you'll get the GI bill. If you don't you won't. That is the rule. So, your only options if you get a General is to later file a DD Form 293 seeking to upgrade your discharge after it has happened.

Allen M., Esq., Lawyer
Category: Military Law
Satisfied Customers: 15472
Experience: Lawyer and current JAG officer.
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