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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 32789
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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I was recently discharged with an OTH from the Navy for an

Customer Question

I was recently discharged with an OTH from the Navy for an Article 112A or a "drug charge". However I had never failed a drug screening nor is there physical evidence of me using any drugs. Can I go through the VA and fight for the reinstatement of my benefits, primarily my GI Bill?
Submitted: 17 days ago.
Category: Military Law
Expert:  P. Simmons replied 17 days ago.

Hi, My name is***** am an attorney with over 16 years experience. Hopefully I can help you with your legal question.

Expert:  P. Simmons replied 17 days ago.

There is a way to request the VA grant benefits (including the GI Bill) directly, despite the OTH.

But in my experience as a VSO (veterans services officer) I have never seen this happen. So to answer the question, can you go to the VA and request benefits? Yes.

Will you be successful?

Likely not.

If the goal is to get benefits, the best way to approach this (in my experience) is to make your pitch to the board of corrections...if your can convict the board of corrections your record is in error the board of corrections can "upgrade" the characterization. Not easy to do...but more likely than trying to convince the VA to grant benefits on that OTH.

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

Expert:  P. Simmons replied 17 days ago.

Experts on this site (myself) are compensated ONLY if the customer (yourself) "rate" or "accept" the answer.

Do you have more questions regarding this?

Thanks for your understanding