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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 26141
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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I tried to get a Certificate of Eligibility (COE) from the

Resolved Question:

I tried to get a Certificate of Eligibility (COE) from the VA for a VA loan.
The request was denied because I am a former Marine with less than 6 creditable years service. I also have only one DD-214 for a period of IADT. Apparently the active support I provided full time when my unit in New Hampshire was activated for Gulf War was only 31 days, leaving me short of the 90 day requirement for a DD-214 under Title 10.
Are there any options on getting a definitive answer on eligibility?
Submitted: 11 months ago.
Category: Military Law
Expert:  P. Simmons replied 11 months ago.
Thanks for the chance to help. I am an attorney with over 12 years military law experience.

You mention 6 years...were you a reservist or an Active Duty Marine?
Customer: replied 11 months ago.

reservist

Expert:  P. Simmons replied 11 months ago.
Thank you

I am sorry to have to bear bad news...the rules for eligibility for a va loan for reservists requires 6 years of service. There is no waiver provision for this...so there is not a way to get the certificate with less than 6 years of service.

There are two ways to get the certificate

1. 6 years honorable reserve service

or

2. 2 years active duty service.

Again, I am sorry to have to bear bad news, but it sounds like you will not qualify for this benefit


Please let me know if you have more questions...happy to assist if I can
Customer: replied 11 months ago.

aren't there other ways to qualify for this benefit if one does not meet the service requirement?


 

Expert:  P. Simmons replied 11 months ago.
There are, and in fact if you had 90 days of continuous duty as a reservist you would have qualified.

Otherwise you need

Six years of service in the Selected Reserve or National Guard, AND

Were discharged honorably, OR
Were placed on the retired list, OR
Were transferred to the Standby Reserve or an element of the Ready Reserve other than the Selected Reserve after service characterized as honorable, OR
Continue to serve in the Selected Reserve



Customer: replied 11 months ago.

Mr. Simmons,
Thank you for your many responses. I have one (lengthy) remaining question. Based on the following can any sort of appeal be made for eligibility for this benefit?
1.) 7 months 22 days service IADT; (for the convenience of the Corps I was kept an additional 4.5 months assistant to Lt. Col Shields at MCCDC, Quantico (and cleaning toilets) while waiting for training to begin).
2.) Continuous active support to the Gunny for 36 days activating our unit CO B 1STBN 25TH MAR when it was ordered to the Gulf . My transfer into the unit came through two days after they shipped out so I did not get to go with them. In addition I served 25 days supporting I&I STAFF ATL, but that unit only activated a few Marines with extensive prior Active Duty.
3.) I applied for this benefit on the basis of the Active Duty provided for the convenience of the Corps during IADT (they kept me for 7 months instead of three) and on the active support I provided during the Gulf War. I am not a poster Marine based on points statements; However, I took the high road when the unit needed me during the Gulf War, and I did not pursue a medical discharge with pension for my gunshot ankle.
4.) Had some hardship issues so I don't have anything close to 6 satisfactory years, but am honorably discharged.
Best regards,
Jon

Expert:  P. Simmons replied 11 months ago.
Marine, the problem you face is that the rules for eligibility come right from the us code. It is found at 38 USC § 3702

You can actually see it here.

http://www.law.cornell.edu/uscode/text/38/3702

If you take a look you will see it is not complex. The code lays out the minimum requirements, and there are no waiver provisions. The rule is that you have to have either

1. 24 months continuous service on active duty

or

2. At least 90 days of continuous service on active duty IF called to duty during the gulf war. IADT does not count towards this...you would need to have been called to duty after your initial training and served the entire period of your recall and that period must be more than 90 days.

What you describe, I do not see it.

I wish I had better news for you

Phil







P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 26141
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
P. Simmons and 2 other Military Law Specialists are ready to help you
Customer: replied 11 months ago.

Semper fi.


All the best, Phil.

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