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Allen M., Esq.
Allen M., Esq., Lawyer
Category: Military Law
Satisfied Customers: 15590
Experience:  Lawyer and current JAG officer.
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In Nov 1975 I enlisted in the AF Reserves. I was to go active

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In Nov 1975 I enlisted in the AF Reserves. I was to go active in July 1976. When I went active I was given another physical and after finding a problem, I was given an 256AF Honorable Discharge. It was for the convenience of the government. Is there any way I can get a VA home loan?
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.

You would have to have served for a continuous 180 days to obtain a Certification of Eligibility from the VA.

If you were separated based on a physical upon your entry, you aren't technically considered a veteran for loan purposes, because you didn't serve long enough during that period of time. You can see the various service period requirements here.

http://benefits.va.gov/HOMELOANS/purchaseco_eligibility.asp
Customer: replied 1 year ago.

When I look up the service periods you provided I got the same answer. It says if discharged for the convenience of the government time requirements MAY not exclude me. I do not understand this vague language. Thanks.

Expert:  Allen M., Esq. replied 1 year ago.
Unfortunately, it is that language that gives the VA the ability to make that determination in each instance.

There isn't a way to force them. You're only recourse is to file through the VA for the Certificate of Eligibility. Because you aren't legally entitled to one, and by that I mean that you are not absolutely guaranteed one, but rather, can receive one at the discretion of the VA, that's the only option I can give you.

You can always file a complaint with the Inspector General for the VA due to their not contacting you back, because that is ultimately what has to happen for you to have the answer.

To sum up. You are not automatically guaranteed a COE. You can request one, which you've said you have done. The VA has discretion then, based on your "convenience of government" discharge. If they aren't responding, file an Inspector General complaint here:

http://www.va.gov/oig/hotline/
Allen M., Esq., Lawyer
Category: Military Law
Satisfied Customers: 15590
Experience: Lawyer and current JAG officer.
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