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Allen M., Esq.
Allen M., Esq., Lawyer
Category: Military Law
Satisfied Customers: 18790
Experience:  Lawyer and current JAG officer.
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I was recently administratively seperated from the Marine Corps

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I was recently administratively seperated from the Marine Corps with an Other than Honorable character of service due to a summary courts martial. During my final physical, I was physically fit to seperate. However, I was seen the week after by a psychiatrist who did not approve my administrative seperation because she diagnosed my with an adjustment disorder, yet I was still seperated adversely. Should I persue an upgrade to my character of service?
Hello, my name is XXXXX XXXXX I look forward to assisting you today. I bring nearly 20 years of experience in various legal disciplines, including JAG.

Yes, you should. You should also apply to the VA for benefits.

First, you should file the DD Form 293 seeking an upgrade to your discharge status. Your disorder was not considered during your characterization of service and could have played a role. Now, you have to understand that these are rarely upgraded, but you have a better argument than most. You'll probably have to apply a few times, but do so because the board considering the application changes and they'll look for different things.

Second, you should apply for benefits. An OTH is not an automatic disqualifier for VA benefits, for service connected disabilities or general medical assistance. It can be, but is not automatically. So, you would have the ability to have the VA make their own determination, and your psychiatrist's information would be useful in that regard.
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