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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 34941
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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What is a DD- 258 Discharge and what benefits am I able to

Customer Question

What is a DD- 258 Discharge and what benefits am I able to obtain. Discharge says Undesirable and Other then Honorable conditions but does not say Dishonorable. Am trying to get it change due to a medical condition recently diagnosed that I had while in service.
JA: Are you overseas or stateside?
Customer: Stateside
JA: Have you talked to anyone in the chain of command about this?
Customer: I have filed and been denied but never had military representative. I was discharged in 1975. I have been working on this since. This medical condition was something that usually wasn't diagnosed back then It was just thought that we were troublemakers. It have been denied again recently EVEN with the Proffesional's documentation which I really don't understand. I am going all the way to the White House with this if I have to.
JA: Anything else you want the lawyer to know before I connect you?
Customer: No
Submitted: 2 months ago.
Category: Military Law
Expert:  P. Simmons replied 2 months ago.

Hi, My name is***** am an attorney with over 16 years experience. Hopefully I can help you with your legal question.

Expert:  P. Simmons replied 2 months ago.

I am sorry for this dilemma. But not sure I understand your specific question. Are you asking the process to request a correction to your records? If not what is the question?

Customer: replied 2 months ago.
2 part. 1. What is a DD-258 and what benefits do you have with it? 2. Have been recently diagnosed with ADHD since childhood. Not something dianosed back in the 70's. People just thought you were a disruptive, troublemaking kid. Have been trying to change my discharge since early 80's msny time and been turned down. This new medical diagnoses, w hich I have documents stating from 2 different proffesionals, has been just been dinied again. I am ready to send these documents with all info to the president. This should have been changed to, at least, a medical under honorable. It has, and still is, an undersirable under condieltions other then honorable. What do you suggest? Went awol 46 days according to DD214. Condition caused and allowed me to do this as well as other problems I had.
Expert:  P. Simmons replied 2 months ago.

The DD-258 is simply a discharge certificate. The benefits that come from service are dependent on the charachterization of service. So, for example, if you received an OTH discharge, you would not be eligible for benefits.

As for changing the records? I think you have an uphill battle.

Hi, My name is Philip. I am an attorney with over 16 years experience. Hopefully I can help you with your legal question.

Is it possible to modify a discharge (to "upgrade" it from "oth" to "honorable")? Certainly. That is possible.

The Board of Corrections for Military Records can do this.

However, it is by no means automatic...

In order to grant an "upgrade" the board of corrections will require the applicant provide evidence of "error or injustice". Only when provided with compelling evidence of error or injustice will the board of corrections make a change to a military record. The board of corrections grants the military with a "presumption of regularity"...basically they presume the record is correct. The burden to rebut that presumption is on the applicant.

So...if you want to change your record? You have to prove there is an error in the record. For example, if they discharged you improperly AND you can prove it? That would be a basis for upgrade.

But unless you have such evidence, the board is not going to make any changes to your record.

I am very sorry to have to bear bad news.

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.