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Allen M., Esq.
Allen M., Esq., Lawyer
Category: Military Law
Satisfied Customers: 15468
Experience:  Lawyer and current JAG officer.
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One big question Im concerned with is will I receive all the

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One big question I'm concerned with is will I receive all the same benefits I would obtain as if I were getting out normally and if not, because it being a general discharge, can I re apply my dd-214 to a board and possibly bumped back up to an honorable... I think the failure to adjust is getting routed from mental health soon as a certainty that I am not fit for duty.
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.

If you receive a general discharge, you would retain every benefit that you'd get with an honorable save one thing, the GI Bill. You must have an honorable discharge for that.

You would still be eligible for VA benefits, should there be service connected issues of health. A VA loan would still be available for home purchases. Essentially, all the VA benefits but the GI Bill.

Once out, you can file a DD Form 293 with the Discharge Upgrade Board to try and have the discharge upgraded. You can do that for up to 15 years following your discharge. It's not an easy upgrade to get, but they are granted and the longer you are out in civilian society, making personal improvements (like college, solid work history, community involvement), the better your chances of an upgrade.
Customer: replied 1 year ago.
Is it a certain that I will not get general because of a failure to adapt or is there hope of an honorable and also, where can I find the order on the discharges and what come with them (link please)
Expert:  Allen M., Esq. replied 1 year ago.
It is possible that you can get an honorable, but if you have less than 180 days of service you might receive an entry level status separation rather than either honorable or general. It can never be upgraded and would still deny you the GI bill, but it isn't seen as punitive like a general discharge.

As for your second question, I'm not sure what you are asking for really. There isn't a regulation that outlines what VA benefits comes with each separation. There are about 15 different statutes and regulations that, read together, indicate what each gets.

Regardless, it's not really that complicated.

Entry Level Status: Nothing but service connected injury coverage.
Honorable: Everything.
General: Everything but GI BIll.
Other than honorable: This depends. The VA makes an independent determination on the facts, so there isn't a clear cut answer. Sometimes it is treated like a general discharge and somethings it's treated like a bad conduct discharge.
Bad Conduct Discharge: Nothing.
Dishonorable: Nothing.

Now, you aren't being court martialed, so you can't get a dishonorable or Bad conduct. You aren't being separated for misconduct, so you can't get an other than honorable.

The only options available for your command is Entry level status (if you haven't served 180 days), Honorable or General.
Customer: replied 1 year ago.
The reason why I'm asking these questions is because I've been in for 3 years and still have 2 years left and I'm trying to get out with everything especially since I've come this far without snapping but I feel it coming soon.

Is the possibility of voluntary separation usually on the honorable side of things or am I just at the point of no hope of anything being honorable that would get me out sooner... Thanks for your replies, they are very helpful and enlightening.
Expert:  Allen M., Esq. replied 1 year ago.
There is nothing about getting a voluntary separation that leans it in one particular direction or the other.

What matters is the basis for the discharge and the temperament of the commander issuing it.

For a failure to adjust separation, the commander still has discretion on whether or not to grant it. Medical just routes a recommendation. The facts that led to this recommendation by medical (which I don't know) will play the largest factor in what discharge you would be given. There is certainly nothing that dictates that you get a General discharge and an honorable is eligible for that classification of discharge, but there is simply no way to predict what your command will do.
Allen M., Esq., Lawyer
Category: Military Law
Satisfied Customers: 15468
Experience: Lawyer and current JAG officer.
Allen M., Esq. and 3 other Military Law Specialists are ready to help you

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