Thanks for the chance to help. I am an attorney with over 12 years military law
I am sorry to have to bear bad news. The law is very clear on this matter. He is not eligible for the GI bill unless he is discharged with an honorable conditions discharge
. A general, under honorable conditions discharge will not qualify for the GI bill. This is true of the Montgomery GI Bill
(the one you pay into) as well as the post 9/11 GI Bill (the one available to all who have served post 9/11/2001)
So the Chief was either confused or just plain wrong.
The tough part about this is that in order to give a general discharge, the commander is not required to provide the Sailor with a hearing. They can process this "on paper"
The Sailor is provided an opportunity to respond, in writing, to the proposal for separation
. And a lawyer can certainly assist you in attempting to convince the separation authority that an honorable discharge
is appropriate. So to answer the question, should you seek counsel? Yes...if the goal is to retain the GI Bill, that can help.
Just understand that at the end of the day, there is really not much the lawyer can do, other than help craft the written appeal to the separation authority. So you have a tough road ahead of you.
Perhaps not impossible...but certainly difficult