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.
Actually no, a general discharge will not effect his ability to receive ongoing treatment or disability payments if he rates those payments under the VA system.
It would deprive him of the GI Bill, but that is the only benefit lost between honorable and General.
If he has less than 6 years in the service, the command can initiate a discharge on the basis of performance or even alleged misconduct and push that paperwork through, without your son ever having the chance to fight before a board or court. It's called a "notice" discharge and his only recourse is to file a letter to the commander's making the decision. His CO doesn't have all the control, as it goes to the next level commanders for approval and review.
If those commanders agree, however, there is nothing he can do to stop it from happening. He will be forced, regrettably, to deal with the discharge after he is out, through the DD Form 293 discharge upgrade process. He would have to submit that form along with evidence of his medical condition, his previous exoneration at the court martial and his further evidence against whatever it is this CO is complaining about now, to the discharge upgrade board. He can submit that appeal to the discharge upgrade board for a period of up to 15 years following his discharge.
Due to the current events, he experience a PTSD episode, which resulted in him being hospitalized. Therefore, I want to make sure I relay the correct info:
1. His CO can initiate the Notice Process
2. He can appeal to his CO, CO for review and final decision
3. He could still receive disability payments if he rates it under the VA system.
4. He would lose his GI Bill benefits
5. If the "notice" process is completed and approved. He can appeal under DD Form 293 with all supporting documentation for review for a period up to 15 years.
Is this summation correct of your answer?
2. He can appeal to the deciding authority (not his CO) and then, his appeal would be forwarded to that commander's commander....one level higher.
3. Yes, with a General Discharge.
4. Yes, you must have an honorable to get the GI bill.
5. Yes, that is correct.
thx. will you be my POC for future questions
If you post a question with my name in the title or if you post it directly to me, I will certainly address those questions.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).