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Question about my dd-214, I want to know if I am entitled…

Question about my dd-214 ...

Question about my dd-214

Lawyer's Assistant: Thanks. Can you give me any more details about your issue?

I want to know if I am entitled medical benefits.

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Customer reply replied 2 years ago
I was reviewing my dd-214. I was involuntarily discharged 15 years ago. The reason given was 'personality disorder' citing AR-635, par 5-13.
Customer reply replied 2 years ago
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Answered in 40 minutes by:
2/9/2016
Allen M., Esq.
Category: Military Law
Satisfied Customers: 20,633
Experience: Lawyer and current JAG officer.
Verified

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.

What is your question concerning these facts? I see your request for a phone call, but it is difficult to agree to a phone call before knowing what your actual questions are here. We want to know that we can address your question.

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It appears that you opened a second question with this same content which has been closed as a duplicate.

Can you please address your question here rather than opening a new one? Also, what are your questions concerning your DD Form 214?

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It appears you also submitted a phone call request. Again, without knowing what your general question is, it is not possible for any of us to know if we can actually address it. It is premature to accept a phone call, which would incur you expense, without knowing something more about the topic you wish to discuss.

What about your DD Form 214 do you wish to know? What is the nature of your question?

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Customer reply replied 2 years ago
Are you familiar with AR 635-200 par 5-13? I was reviewing my dd-214 from 15 years ago and was wondering whether or not I have been entitled to medical benefits by the VA? If so, I would like to apply for these sort of benefits. I was removed from my duties in the military and chaptered out, and I'm not sure I've really figured out why they did that. I was a great soldier. I was in for almost 3 years and was in the individual ready reserve for 5 years. I have been a math teacher since. I would have stayed in the military if I had been given a choice. I have been too occupied with my career and graduate school to give this matter much thought until now.

Yes, I am familiar with that separation regulation. If you were separated under that category, that means that the worst separation you could have gotten was a General discharge or you could have also gotten an Honorable discharge. Either would allow you to be allowed to apply for VA health care benefits.

Again, that particular Chapter doesn't allow for the type of discharge status that would potentially block your right to apply.

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Customer reply replied 2 years ago
I have medical coverage through the VA currently. I have done a little bit of research today on the topic of a personality disorder regarding some controversy. Is a medical discharge a legitimate claim? It's a stretch because there's nothing wrong with me, but I don't like seeing "personality disorder" on my documentation. This has also been a little bit of a thorn in my side. If the army wanted me gone, they should have just said so without making stuff up. I would have stepped aside. But the fact is I was top scorer in my ATC job (earned my faa facility rating), 2nd in my class at the school house, and was a 290 plus PT guy my entire time in. Your thoughts?

No, a medical discharge isn't really something you can legitimately obtain here. Either you agree there is something wrong with you, and the discharge as it is is just fine, or you disagree and then a medical discharge wouldn't be any more appropriate than the discharge you got.

You could certainly argue that the discharge itself was not accurate or appropriate, and that might be something you'd want to do for records purposes, but you can't get a medical discharge out of this.

You can file a DD Form 149 with the military records corrections board to change the narrative basis for your separation and any other references to "personality disorder." That may be a worthwhile venture.

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Customer reply replied 2 years ago
OK. Thank a lot. I appreciate your time.

No problem. Take care.

Allen M., Esq.
Category: Military Law
Satisfied Customers: 20,633
Experience: Lawyer and current JAG officer.
Verified
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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).

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