Ask a Military Lawyer. Get Your Military Law Questions Answered
Yes, I was adseped and I was suppose to be processed out for MILPERSMAN 1910-152 and instead under MILPERSMAN 1910-144 on my DD214. I spoke with the JAG at Naval Base SD when I received my the info with what my discharge was going to be and his words were, "This is incorrect, and I believe you should be processed with an honorable through MILPERSMAN 1910-152, but you have no control because the JAG at the hospital is it's own convening authority due to having a higher ranking officer." So can I change this or is it even worth the time and effort to try?
I believe I am ineligible for my GI Bill with my General under honorable, but with an honorable I am.
Yes I was processed un 1910-144 but it was supposed to be for treatment failure. I had a DUI in Jan 2010 and in July 2012 I was referred by my LPO to SARP. I was told I wouldn't have contact with my family who lived overseas that much and I refused treatment. I then was being processed for ADSEP. When about to sign paperwork it said my narrative as misconduct and civilian conviction... I argued but it didn't make a difference as I was an E3 talking to an E8.
No problem. I just was curious as I feel they intentionally discharged me in a negative fashion to bar me from all military benefits even though I had less than 6 months before I would have fulfilled my contract. Another thing noted to me per the LT at Naval Base San Diego JAG was that there are many reports of false discharges but they can't challenge it due to the hospital being a special convening authority.... All in all I'm ok due to the fact I live overseas now, but I was still curious because I believe I am not eligible for any and all veteran benefits with a Gen(under honorable).
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).