Military Law

Have Military Law Questions? Ask a Military Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Military Law
This answer was rated:

I tried to get a Certificate of Eligibility (COE) from the

VA for a VA loan. The...
I tried to get a Certificate of Eligibility (COE) from the VA for a VA loan.
The request was denied because I am a former Marine with less than 6 creditable years service. I also have only one DD-214 for a period of IADT. Apparently the active support I provided full time when my unit in New Hampshire was activated for Gulf War was only 31 days, leaving me short of the 90 day requirement for a DD-214 under Title 10.
Are there any options on getting a definitive answer on eligibility?
Show More
Show Less
Ask Your Own Military Law Question
Answered in 51 minutes by:
8/27/2013
P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 35,260
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
Verified
Thanks for the chance to help. I am an attorney with over 12 years military law experience.

You mention 6 years...were you a reservist or an Active Duty Marine?
Ask Your Own Military Law Question
Customer reply replied 4 years ago

reservist

Thank you

I am sorry to have to bear bad news...the rules for eligibility for a va loan for reservists requires 6 years of service. There is no waiver provision for this...so there is not a way to get the certificate with less than 6 years of service.

There are two ways to get the certificate

1. 6 years honorable reserve service

or

2. 2 years active duty service.

Again, I am sorry to have to bear bad news, but it sounds like you will not qualify for this benefit


Please let me know if you have more questions...happy to assist if I can
Ask Your Own Military Law Question
Customer reply replied 4 years ago

aren't there other ways to qualify for this benefit if one does not meet the service requirement?


 

There are, and in fact if you had 90 days of continuous duty as a reservist you would have qualified.

Otherwise you need

Six years of service in the Selected Reserve or National Guard, AND

Were discharged honorably, OR
Were placed on the retired list, OR
Were transferred to the Standby Reserve or an element of the Ready Reserve other than the Selected Reserve after service characterized as honorable, OR
Continue to serve in the Selected Reserve



Ask Your Own Military Law Question
Customer reply replied 4 years ago

Mr. Simmons,
Thank you for your many responses. I have one (lengthy) remaining question. Based on the following can any sort of appeal be made for eligibility for this benefit?
1.) 7 months 22 days service IADT; (for the convenience of the Corps I was kept an additional 4.5 months assistant to Lt. Col Shields at MCCDC, Quantico (and cleaning toilets) while waiting for training to begin).
2.) Continuous active support to the Gunny for 36 days activating our unit CO B 1STBN 25TH MAR when it was ordered to the Gulf . My transfer into the unit came through two days after they shipped out so I did not get to go with them. In addition I served 25 days supporting I&I STAFF ATL, but that unit only activated a few Marines with extensive prior Active Duty.
3.) I applied for this benefit on the basis of the Active Duty provided for the convenience of the Corps during IADT (they kept me for 7 months instead of three) and on the active support I provided during the Gulf War. I am not a poster Marine based on points statements; However, I took the high road when the unit needed me during the Gulf War, and I did not pursue a medical discharge with pension for my gunshot ankle.
4.) Had some hardship issues so I don't have anything close to 6 satisfactory years, but am honorably discharged.
Best regards,
Jon

Marine, the problem you face is that the rules for eligibility come right from the us code. It is found at 38 USC § 3702

You can actually see it here.

http://www.law.cornell.edu/uscode/text/38/3702

If you take a look you will see it is not complex. The code lays out the minimum requirements, and there are no waiver provisions. The rule is that you have to have either

1. 24 months continuous service on active duty

or

2. At least 90 days of continuous service on active duty IF called to duty during the gulf war. IADT does not count towards this...you would need to have been called to duty after your initial training and served the entire period of your recall and that period must be more than 90 days.

What you describe, I do not see it.

I wish I had better news for you

Phil







P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 35,260
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
Verified
P. Simmons and 87 other Military Law Specialists are ready to help you
Ask your own question now
Customer reply replied 4 years ago

Semper fi.


All the best, Phil.

Ask P. Simmons Your Own Question
P. Simmons
P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 35,260
35,260 Satisfied Customers
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.

P. Simmons is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

P. Simmons

P. Simmons

Military Lawyer

35,260 satisfied customers

Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.

Allen M., Esq.

Allen M., Esq.

Lawyer

5,153 satisfied customers

Lawyer and current JAG officer.

Marsha411JD

Marsha411JD

Lawyer

1,798 satisfied customers

Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG

LawHelpNow

LawHelpNow

Attorney/Lawyer

223 satisfied customers

Relax. Let's work together. Practical solutions.

rcampione

rcampione

Military Lawyer

187 satisfied customers

Military lawyer - 5 years to the present

JAG Defense

JAG Defense

Military Lawyer

124 satisfied customers

CAPT, JAGC, USN (Retired); Former Military Judge; Specializing in Security Clearance Adjudications

Paul

Paul

Lawyer

48 satisfied customers

Oklahoma lawyer. Over 10 years in the military.

< Previous | Next >

Related Military Law Questions
Is it fraternization if an Army Officer is dating a Marine
Is it fraternization if an Army Officer is dating a Marine Emlisted SNCO? Never served together or anything. Relationship formed outside of military and no chance of ever working together. … read more
Allen M., Esq.
Allen M., Esq.
Lawyer
Juris Doctor, Cum Laude
5,153 satisfied customers
My son was told that he was to be medical discharged from
My son was told that he was to be medical discharged from MCRD in San Diego. He sustained injuries to both his hips. They were stress fractures in both. At first they sent him MRP to heal for just a t… read more
P. Simmons
P. Simmons
Military Lawyer
35,260 satisfied customers
I was medically discharged from air Force before completing
I was medically discharged from air Force before completing basic training. Does that qualify me for anything? … read more
P. Simmons
P. Simmons
Military Lawyer
35,260 satisfied customers
What would happen if a person was stating they were a Marine
What would happen if a person was stating they were a Marine JAG, but wasn't in the Marines? … read more
Allen M., Esq.
Allen M., Esq.
Lawyer
Juris Doctor, Cum Laude
5,153 satisfied customers
I was honorably discharged from the Marine Corps. with an
Hi, I was honorably discharged from the Marine Corps. with an re-04 reenlistment Code. I've read that it means I was discharged while being not recommended for reenlistment. Does that mean I would nee… read more
Allen M., Esq.
Allen M., Esq.
Lawyer
Juris Doctor, Cum Laude
5,153 satisfied customers
Well I'm in the Marine Corps and I haven't been in that but
Well I'm in the Marine Corps and I haven't been in that long but it's turned out to be something I do not enjoy. I wake up everymorning hating my life. I have a fiancé and a 5 month old back home and … read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
1,798 satisfied customers
I'm in the Marine Corps Reserves and I really need to get
I'm in the Marine Corps Reserves and I really need to get out. How can I get out with an honorable discharge? … read more
P. Simmons
P. Simmons
Military Lawyer
35,260 satisfied customers
Is there any military law or time frame to get remarry while
Is there any military law or time frame to get remarry while in the service? … read more
Ray
Ray
Lawyer
Doctoral Degree
30,219 satisfied customers
I'm in the marine corps reserves. I'm trying to attend
I'm in the marine corps reserves. I'm trying to attend college and I was wondering what the website is that I go to so I can be able to receive money for attending school.… read more
Thelawman2
Thelawman2
Doctoral Degree
1,240 satisfied customers
Do you guys deal with military law expunction? no,
Do you guys deal with military law expunction? JA: Have you talked to a JAG attorney about this? Or anyone in the chain of command? Customer: no JA: Are you overseas or stateside? Customer: stateside … read more
P. Simmons
P. Simmons
Military Lawyer
35,260 satisfied customers
I have been in the Marine corp for five months roughly.
I have been in the Marine corp for five months roughly. Since I have joined, both my wife and I have struggled with severe depression. We have also struggled with anxiety. Physical chest pains, hives,… read more
Michael Bradley
Michael Bradley
JD
1,127 satisfied customers
I'm in the marine corps reserves. If I see someone who is
I'm in the marine corps reserves. If I see someone who is higher rank then me, are they able to order me to do anything if I'm currently off duty?… read more
P. Simmons
P. Simmons
Military Lawyer
35,260 satisfied customers
I'm in the marine corps reserves. I report to my unit one
I'm in the marine corps reserves. I report to my unit one weekend a month and 2 weeks in the summer. Am I entitled to get BAS? If so how much a month can I get? I'm from Cincinnati, Ohio if that helps… read more
P. Simmons
P. Simmons
Military Lawyer
35,260 satisfied customers
If i get a medical discharge for "Personality Disorder" will
Hello. If i get a medical discharge for "Personality Disorder" will I still be able to use my bill? … read more
Ely
Ely
Counselor at Law
Juris Doctor
266 satisfied customers
My niece was medical discharged after 6 weeks in Basic
Hi my niece was medical discharged after 6 weeks in Basic training die to a broken hip. If she entitled to transportation to her home of record? … read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
1,798 satisfied customers
I am in the marines reserves. I missed my 2 week training
I am in the marines reserves. I missed my 2 week training because of depression and suicide attempt. Now I don't know what to do or how to face my command … read more
P. Simmons
P. Simmons
Military Lawyer
35,260 satisfied customers
My son joint the marine reserve ship date is july but he was
my son joint the marine reserve ship date is july but he was accepted to college and the want to know if he can get out of the contract without hurting FUTURE MILITARY career that he wants to pursue .… read more
P. Simmons
P. Simmons
Military Lawyer
35,260 satisfied customers
I completed 6 years in the active reserves for the Marine
Hi. I completed 6 years in the active reserves for the Marine Corps from 1983 through 1989. I want to get a VA loan. But whenever I contact the VA, they say that I need a certificate of eligibility. B… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
1,798 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x