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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 34975
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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I'm trying to get the va to pay for my husbands headstone

Customer Question

I'm trying to get the va to pay for my husbands headstone and they have denied it but he was in army basic in 1987 then in army national guard until entering the air force in oct 1989. In the letter they sent it said he could qualify if he got a release under 10 usc 1171 or 1173 and his dd214 says afr 39-10. I was just wondering if those might possibly be the same.
JA: Have you talked to anyone in the chain of command about this?
Customer: I don't know who to talk to. This was sudden and he was only 46.
JA: Anything else you want the lawyer to know before I connect you?
Customer: Will this cost?
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.

Can you tell me, what was the reason he was separated from active duty?

Customer: replied 2 months ago.
It was not by his choice. I have been told it was top secret. But the story I got was that the whole group got discharged or reassigned because their radar group shot down a south American president because they did not respond to the warnings.
Customer: replied 2 months ago.
I am now a single mom of 9 of our 13 children still at home so I do not have the money to pay much so I can't call for $60.
Customer: replied 2 months ago.
They made it look like he had been mugged and took his wallet and everything inside. Which included pictures that could not be replaced. So my opinion is that the least they can do is provide a headstone.
Expert:  P. Simmons replied 2 months ago.

THank you

afr 39-10 is the regulation used to allow "separation for the convenience of the government"

This is a bit of a "catch all" it can encompass many different reasons.

It is not the same as 10 USC 1171 (that is the section that allows a service secretary to separate a member within one year of the expiration of their contract) . It COULD be the same as 10 USC 1173...that is the provision that allows separation for "hardship"...which is one of the basis that falls under "convenience of the government".

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.

Expert:  P. Simmons replied 2 months ago.

Experts on this site (myself) are compensated ONLY if the customer (yourself) "rate" or "accept" the answer.

Do you have more questions regarding this?

Thanks for your understanding