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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 27127
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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Hi. What is the likelihood of me having my character of discharge

Resolved Question:

Hi. What is the likelihood of me having my character of discharge upgraded from a BCD in order to receive VA benefits? Is this worth pursuing? Why do I need to file for an upgrade to receive other benefits but not educational benefits, which I already receive with the same characterization of discharge?
Submitted: 1 year ago.
Category: Military Law
Expert:  P. Simmons replied 1 year ago.
Thanks for the chance to help. I am an attorney with over 12 years military law experience.

SOrry...not sure I understand your question


Why do I need to file for an upgrade to receive other benefits but not educational benefits, which I already receive with the same characterization of discharge?

A BCD makes a vet ineligible for benefits UNLESS the VA grants them. Basically, if you have a BCD, you can request benefits, but the VA gets to decide if you receive them or not...so not sure I understand your question...
Customer: replied 1 year ago.


So in your opinion, what is the likelihood of me being granted a upgrade period...is this a long process and is it worth pursuing? I requested clemency once before while confined in the form of COD upgrade and was denied so should I just quit now and not revisit the issue again?

Expert:  P. Simmons replied 1 year ago.
The likelihood is related to the basis

THey will ONLY make a change if you show error or injustice. You have the burden of proof. If you can prove error in the process (for example, the judge made a bad decision and it was not corrected on appeal), or if there is new evidence not introduced at trial? That helps your case? That can be a basis

Otherwise it is a waste of your energy...since if you can not show error or injustice they will not change the record


Sorry to have to bear bad news.
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 27127
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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P. Simmons
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Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.