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If the discharge is "General under Honorable Conditions",

If the discharge is...

If the discharge is "General under Honorable Conditions", does the re-enlistment code affect how TAMP benefits are interpreted?

Lawyer's Assistant: Are you overseas or stateside?

Stateside

Lawyer's Assistant: Have you talked to anyone in the chain of command about this?

No. Just piggybacking off of this last post. Have paid to ask P. Simmons questions in the past.

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Answered in 4 hours by:
11/10/2017
P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 35,971
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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Hi, My name is***** am an attorney with over 16 years experience. Hopefully I can help you with your legal question.

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Sorry...what do you mean by

does the re-enlistment code affect how TAMP benefits are interpreted?

What does that mean??

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Customer reply replied 3 months ago
Sorry, was hoping the assistant relayed the original thread information. As I had mentioned to her I was asking a follow on question to one of your previous threads.https://my-secure.justanswer.com/question/guest/f51e39a166b343dd8d3c45ba10db2304For the following situation, would the service member still rate TAMP medical benefits for the 180 day period? If DEERS advises no, what is the next course of action?-General (Under Honorable Conditions) Discharge
-Misconduct (Other) as described on the DD 214 narrative
-Seperation Code: BKM1

What TAMP benefit are you referring to? Are you talking about transitional tricare?

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Customer reply replied 3 months ago
the 180 days of Tricare medical.

General discharge is "under honorable" conditions. This meets the eligibility requirements for TRICARE Transitional Assistance Management Program

Not sure why DEERS would claim otherwise

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.

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Customer reply replied 3 months ago
Perfect, so when I contact DEERS they should know what I'm talking about, correct? Only reason I even brought it up was because it was supposed to start today and when I called TRICARE they said I had no coverage.

This is "service specific" meaning that each service can set their own rules...the general rule is general discharge is sufficient. And so I would expect DEERS, when they speak to you and understand that you rate a general discharge, that they will correct this issue.

P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 35,971
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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Customer reply replied 3 months ago
34;Service specific"? How can I find out or how would DEERS know? Would my branch of service go that far into the weeds with this to ensure I didn't have medical coverage?

The general rule is general discharge qualifies. But Congress, when they passed this law, allowed the services to set the policies for implementation. You can see the fact page (from TRICARE) here:

https://tricare.mil/tamp

It clearly states that a general discharge is acceptable for TAMP. Unless your service has modified this general rule (and to my knowledge none of them have yet), you qualify

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Customer reply replied 3 months ago
Thank you so much again.

Welcome. Thank you for taking the time to accept the answer, I truly appreciate that
phil

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Customer reply replied 3 months ago
Spoke with TRICARE, DEERS and my IPAC unit and no one knew what was going on. Found out today that due to my FPD code that I am not authorized for any transitional benefits let 10 USC 1145 and 1146. Is this right? Is there anything I can do? Freaking out a little right now.
Customer reply replied 3 months ago
Per* 10 USC 1145 and 1146.

Wait...what is FPD code? The separation code?

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Customer reply replied 3 months ago
BKM1

But what are you referring to when you say FPD code...what is that?

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Customer reply replied 3 months ago
The seperations office is advising that I would be eligible per the “character of service” general (under honorable conditions. However, they also advised that due to the FPD code (seperation program designator code) of BKM, I would not be eligible since that code is not one of the codes reflected in Appendix K, page 5, footnote (13), of MCO 1900.16 dated 26 November 2013.
Customer reply replied 3 months ago
SPD*

Thanks

Is this for you alone? Or for your family?

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Customer reply replied 3 months ago
I have a family.

Marine, I am sorry to be the one to bear bad news...it looks like the Marine Corps changed this in 2013...they are limiting transitional health care for general discharges for some forms of misconduct (that comes from MCO 1900.16 dated 2103)

You will get care at the VA. But they can deny your family TRICARE if you did not get one of the listed codes (from the MCO)

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