Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance.
You can certainly try, but you have a few issues to contend with here. First, you have known that you didn't get a disability discharge for many years now. The Board that can make this change, the military records corrections board, applies a "3 year rule" to their reviews. Technically, they could dismiss your request based on your having known about this issue longer than 3 years. They frequently waive this rule in the interest of justice, but that's hit or miss and something you have to prepared to deal with here.
Second, even if you win the disability discharge, chances are that all of it would have to waived anyway to get your VA disability. Certain types of military retirement and disability payments can be received concurrently. For instance, a regular 20 year retirement can be received simultaneously with VA disability (if the disability rating his higher than 50%). However, you would not have a regular retirement. Your retirement would be a disability retirement and only those people who are receiving retirement for a reason other than solely based on disability can get concurrent payment of disability and retirement.
The point is that you might end up going through the through of filing the DD Form 149, spend a year fighting that issue, win and yet still end up no better off than your current financial situation.
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