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Allen M., Esq.
Allen M., Esq., Lawyer
Category: Military Law
Satisfied Customers: 19168
Experience:  Lawyer and current JAG officer.
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My son is a disabled Vet with 30% permanent disability. He

Customer Question

My son is a disabled Vet with 30% permanent disability. He has applied for use of the GI Bill for education. He was told by a clerk at the VA that he may not be eligable to use the GI Bill for education because his discharge stated "under honorable conditions".
Submitted: 11 months ago.
Category: Military Law
Expert:  Allen M., Esq. replied 11 months ago.

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.

Unfortunately yes, that is correct. Someone separated with a separation that states "under honorable conditions" did not actually get an Honorable Discharge. They got a General under honorable conditions discharge. That is one step lower and indicates at least some issue of misconduct or performance that led to a separation.

While that level of discharge still allows for VA benefits for disability and obtaining a VA home loan, it is not allow for the GI Bill. You can only get the GI bill if your discharge is an Honorable Discharge.

Your son can always attempt to upgrade the discharge through a DD Form 293 (for the first 15 years after separation) or a DD Form 149. He would have to allege that the General discharge was an error or an injustice.

If you have any further questions, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a top-three rating so that I receive credit for working with you today. Please rate me based on my service and not on your satisfaction with the law, which I am not in control of and I am just reporting to you. Also, feel free to request me in the future, if you have questions concerning a different matter.

Expert:  Allen M., Esq. replied 11 months ago.

Hello, I wanted to check in and make sure that there was not any additional information that you required after the response I previously provided to you. If you need further assistance, please use REPLY and ask me for any additional information you may need. If not, take care and have a great day.

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