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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 26512
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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I HAVE A UNDESIRABLE DISCHARGE AFR 39-17...AM I ELIGABLE FOR

Customer Question

I HAVE A UNDESIRABLE DISCHARGE AFR 39-17...AM I ELIGABLE FOR VA BENEFITS I SERVED 2YRS 1 MONTH
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.

Sir, a UD discharge is equivalent to an "Other Than Honorable" discharge OTH.

Unlike with an honorable discharge, or a "general, under honorable conditions" discharge, you are not automatically eligible for VA benefits

You can apply...the VA will make a determination if the reason for discharge was "other than dishonorable"

But the VA gets the final say.

And in my experience, they deny requests for benefits based on a characterization of undesirable

So it is unlikely you will qualify for benefits


I am very sorry to have to bear bad news.
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 26512
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
P. Simmons and other Military Law Specialists are ready to help you
Customer: replied 1 year ago.

how do I apply to have this changed

Customer: replied 1 year ago.

what do I need to do to change this discharge

Expert:  P. Simmons replied 1 year ago.
Sir, what service were you in?
Customer: replied 1 year ago.
Expert:  P. Simmons replied 1 year ago.
Thank you

YOu would apply to the Air Force Board for Correction of Military Records

YOu can start that process with this form

http://www.dtic.mil/whs/directives/infomgt/forms/eforms/dd0149.pdf

The key to success is to prove error or injustice in the discharge. Basically, you must prove that there was an error in the process that led to the UD or that it was unfairly awarded. IF you can do that? You may be able convince the board to make the change

Customer: replied 1 year ago.

I RECENTLY READ THAT THE AIR FORCE CHANGED THE UD TO A GENERAL DISCHARGE

Expert:  P. Simmons replied 1 year ago.
No sir. The an undesirable discharge is the equivalent of an OTH discharge.
Customer: replied 1 year ago.

Thank you for your information

Expert:  P. Simmons replied 1 year ago.
Yes sir...best of luck with this fight

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