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PhilCave
PhilCave, Lawyer
Category: Military Law
Satisfied Customers: 1069
Experience:  33 years military law experience.
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How can a Marine Sgt be demoted, then courtsmartialed, thrown

Customer Question

How can a Marine Sgt be demoted, then courtsmartialed, thrown in the brig for 11 months and sent home with a BCD awaiting appellate review be granted a Medical Retirement after the commander grant approved separation with honorable discharge?
Submitted: 4 years ago.
Category: Military Law
Expert:  Fran-mod replied 4 years ago.
I'm Fran, and I’m a moderator for this topic.

We have been working with the professionals to try to help you with your question. Sometimes it may take a bit of time to find the right fit. I was checking to see if you had already found your answer or if you still needing assistance from one of the professionals.

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Customer: replied 4 years ago.

Yes please give me feed back on my question.


I wanted to know if I should pursue Military Retirement after I have been honorably discharged involuntarily. I have a medical illness that was aggrevated by military service. The illness is service connected.


 


The reason I am pursing this question is because If I am granted a Medical Retirement, sometimes called a Chapter 61....then I would rate CRSC.....please google it.


 


I wanted to put in for Combat Related Special Compensation.


The only way I would rate it is by having been medically retired.


I was let off active duty and I was granted 100% service connected disability and social security.


In my VA files it states service member is retired.


 


Why am I not retired from the military when in fact my disability rating was at 100%? Anytime your disability rating is over 30% you rate a medical retirement. Please look and assist me.


 

Expert:  Wendy-Mod replied 4 years ago.
Hello,

Thank you, XXXXX XXXXX continue to look for a professional to assist you. Please let me know if I can be of any further assistance while you wait.

Best,
Wendy
Expert:  Fran-mod replied 4 years ago.

We are still working with the professionals to find you the best possible match. I wanted to touch base to see if you still needed a professional’s assistance.

Please let me know if you would like to continue to wait or if you would like to cancel your question at this time. We sincerely XXXXX XXXXX the extended wait time.
Customer: replied 4 years ago.

Yes, please assist. Please do not have me waiting long. I am leaving the country in a few days....I will be back in Sept.


Thanks,


Aaron

Expert:  Wendy-Mod replied 4 years ago.
Hello Aaron,

Thank you again for your patience, we will continue to look for a professional to assist you. Please let me know if I can be of any further assistance while you wait.

Best,
Wendy
Expert:  PhilCave replied 4 years ago.
Hello, thanks for asking your question.

Court-martial actions terminate medical (or other normal) separation processing until the court-martial is resolved.
In this case you would not be allowed to process for a (medical) retirement unless your court-martial was reversed on appeal, there was no retrial, and charges were dismissed.
HOwever, there is a provision where a person discharged with a BCD can appeal to the VA for medical care. The petition has to demonstrate and convince the VA that the conduct underlying the BCD was "not dishonorable."
So there's a lot more complex issues to be resolved.
You need to focus with your appellate defense attorney at NMARA and NMCCA to work on the appeal.
Customer: replied 4 years ago.


Mr. Cave,


 


That's the very thing. My courts-martial was reversed. My charges were set aside. No re-trial occurred. I am 100% disabled veteran. I wanted to pursue retirement. Can you help? I would be happy to retain you. Please call me and we can discuss this matter further. XXX-XXX-XXXX.


 


 


Aaron

Expert:  PhilCave replied 4 years ago.
If you are out, then it sounds like you probably have to do a Corrections Board petition.
Customer: replied 4 years ago.

Mr. Cave,


That's the thing. I have filed a petition to the Board of Corrections for Naval Records. They sent me a letter back asking me for more information. I received a letter while on appellate leave informing me that I was being discharged honorably and the courts martial was being set aside and the charges were dismissed. The Commanding Officer said in the letter that all rights property and privileges shall be restored.


 


I lost my personal property in an off base storage unit. My things were auctioned off because of my inability to pay my bill. The unit stopped my pay because I was under investigation for larceny. They said that I was stealing BAH when in fact I was rightfully receiving it. I was new to the unit and did not stay on base.


 


Am I entitled to a retirement knowing that my disability was rated at 100% using the VA schedule of rating? The law states that anyone leaving active duty and has a disability rating of 30% or greater shall be retired.


 


My ultimate goal is to began receiving CRSC.


 


What am I to do?

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