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Recent Discharge Review questions

I have a situation currently going on and was wondering if

Hello, I have a situation currently going on and was wondering if you could help with an answer. I was in the army national guard and was activated for a tour to Iraq/Kuwait. Long story short, I had a summary court martial and a part of the condition was to receive an OTH. Upon returning to demob for processing with a captain O3, and sergeant first class E7, I was waiting for my discharge. The brigidar general never signed my separation packet, and I received an honorable discharge. Upon return to my home unit, they learned of what happened and discharged me from the national guard with an other than honorable discharge. This happened in 2007. I decided in 2012 to go to the VA and see if I were eligible for education benefits. I was told that the OTH does not matter, and the only thing they can consider is the active duty time, which was just over 12 months. I have been using the post 9/11 Gi bill and was told by my therapist I should file a disability claim with the VA for my service related conditions. Ptsd, torn meniscus that occurred during my tour, etc... I recently received a letter from the va claims rating officer saying that the military has said that my service was not "honorable" and that I need to provide evidence to get a characterization of service. I am confused as to how I am eligible for the post 9/11 GI bill but not service connected disability. Any help would be greatly appreciated.

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Marsha411JD

Doctoral Degree

19,598 satisfied customers
I got an uncharterized discharge about a month ago due to

I got an uncharterized discharge about a month ago due to not being able to adapt with anxiety and depress with a re4 is there a way to get that down graded to a re3 ?

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Marsha411JD

Doctoral Degree

19,598 satisfied customers
My grandson is being involuntarily separated after boot camp

My grandson is being involuntarily separated after boot camp due to ADHD more than a year prior to active duty. He does not want to be separated. What can be done?

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Thelawman2

Doctoral Degree

2,110 satisfied customers
My dad received an undesirable discharge from the Air Corps

my dad received an undesirable discharge from the Air Corps which at the time was put into question but never resolved. he would like to have the undesirable discharge reviewed and reversed but we have no idea of where to begin, who to contact, etc. to begin the process.any help would be appreciated.

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Ely

Counselor at Law

Juris Doctor

68,620 satisfied customers
I will be getting separated at my PRD under general under honorable

I will be getting separated at my PRD under general under honorable conditions. Will I still be eligible for my 9/11 GI Bill?JA: OK. The Military Lawyer will need to help you with this. Have you consulted a lawyer yet?Customer: NoJA: Please tell me everything you can about this issue so the Military Lawyer can help you best. Please give me a bit more information, so we can help you best.Customer: I am being separated at my PRD for failure to comply with the family care plan. I will be separated under general under honorable conditions. I will be getting out with 3 years and 5 months of serviceJA: Is there anything else the Military Lawyer should be aware of?Customer: NoJA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Military Lawyer about your situation and then connect you two.

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Marsha411JD

Doctoral Degree

19,598 satisfied customers
I served 30 days in the US Army in 1982. I was diagnosed

I served 30 days in the US Army in 1982. I was diagnosed with pneumonia during basic training. I was not allowed to rest for the prescribed period as stated by a US Army Doctor. I was sent home under the T.D.P. General discharge whicj I would like to chage to honorable. Would I qualify for anything?

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686 satisfied customers
I had a other than honorable discharge almost 15 years ago.

I had a other than honorable discharge almost 15 years ago. I had a positive UA. Since that time, learning from that mistake I have become a model citizen, no arrest, no positive UAs and I work in the health care field. I waived all my benefits in order to speed up the separation process and therefore I am not a veteran. It really sucks because I had never even been written up, not even once in 5 years and I was at 4 years and 6 months when this incident occurred. I cringe when I see an application that ask if I am a veteran. To make a long story short, is there any way to have my discharge reviewed. I know I deserved it at the time, I was dating a girl who did drugs and I fell victim...but it sucks to have this hanging over my head for life. I have omitted the fact that I was ever active duty to gain employment but I feel dishonest, but if I am honest they are judging me now for something that occurred 15 years ago. Is there anything I can do????

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P. Simmons

Attorney

Doctoral Degree

37,750 satisfied customers
Legal and continuation of past case. Greetings Marsha411JD,

Legal and continuation of past case. GreetingsCustomer My son was discharged from the USAF, in our opinion unfairly. Although no charges were filed, he was given a General Discharge after serving 3 years 7 months of quality service as evidenced bypositive recommendation letters form his superiors officers and colleagues. The paperwork and reasons for the discharge are exaggerated and misleading. Background: On one single occasion, he helped an ailing airman by giving him his left over pain meds fromthe dentist. We in no way dispute that this was wrong and against Air Force policy. In our opinion, an infringement that might warrant demotion, reprimand, etc. His discharge papers state: Drug Abuse and Distribution. Both accusations and his punishment area bit too much and we feel did not warrant discharge. I believe "Distribution" implies the regular and repeated distribution for sale. "Drug Abuse" implies that he was using illegal substances. Both are not true. We do understand that what he did was in factwrong and against policy, but, please. The son of our Vice-President was caught using prior to admission to the military and admitted, and caught using while on active duty. He was given an administrative discharge that eventually turned into an Honorable.How fair is that. In another case, a non-commissioned officer was charged with rapping a younger airman. The officer was relocated while the Airman was administratively discharged. Something is terribly wrong here. My son, Matthew was never charged with anything.Its been a year since his discharge. We need your advise as to (1) how do we arrange to meet with the military board to review his case (2) restore and reverse the reasons for discharge - ideally, have him completely restored and the "words: Distribution"and Drug Abuse" removed from his record. In addition to a military hearing, I may, if advised to do so, seek additional legal damages. Another note: At the time of the discharge, I understand that the Air Force or the discharging officer was charged with downsizing which may have influenced his decision. Matthew has several letters demonstrating his outstanding character and service to his unit and to the Air Force. We were very please with your services in our last request and hope you are able to help us inmoving forward. Bot***** *****ne: What do we do next and who do we contact? Thank you so very much! Ted Johnson, father of ***** *****

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Marsha411JD

Doctoral Degree

19,598 satisfied customers
I have an Undesirable discharge from 1976 convicted

I have an Undesirable discharge from 1976 for being convicted in Japan for possession of Heroin. My Military record until then was perfoect with Pro and Cons 4.0 across the board at every review and meritorious promotions for E3, E4, and E5. I plead innocent (and was) at my Japanese trial but lost and spent a year and 4 months in Japanese Prison. At my Discharge review board, after it was announced that the board decided on Undesirable, my attorney told me that were considering retention until they asked me a question and deamed I had lied. The question was "Until your trouble with the Japanese Police have you ever been in trouble before". I honestly thought they meant in the military and answered no. They meant ever. I came off of probation to join the Marine Corp and that was part of my military record as I had to provide release papers, so I had no reason to hide it. It still bought me the UD. Do you think there is any way to upgrade this to General?

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

18,440 satisfied customers
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