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I WAS GIVEN A CLEMENCY DISCHARGE UNDER HONORABLE CONDITIONS…

Customer Question
I WAS GIVEN A...

I WAS GIVEN A CLEMENCY DISCHARGE UNDER HONORABLE CONDITIONS I WOULD LIKE HAVE IT REVIEWED SO I CAN START MY VA BENEFITS AGAIN WHAT DO I NEED TO DO

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

NO I HAVE NOT

Submitted: 8 months ago.Category: Military Law
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Customer reply replied 8 months ago
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call.
Customer reply replied 8 months ago
Let me know if you need more information, or send me the service offer(s) so we can proceed.
Answered in 10 minutes by:
11/13/2017
Military Lawyer: Law Educator, Esq., Attorney replied 8 months ago
Law Educator, Esq.
Category: Military Law
Satisfied Customers: 125,936
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

What is your question for us about this matter?

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Customer reply replied 8 months ago
I WANT A PHONE CALL THAT IS WHAT I ASKED FOR
THERE ARE TOO MANY EXTRA CIRCUMSTANCES TO TYPE IT ALL OUT I WAS GIVEN A CLEMENCY DISCHARGE IN 1970 AFTER SERVING IN VIETNAM AND THEN RETURNING TO US IN TRANSIST THEY LOST MY RECORDS AND STOPPED ALL MY PAY AS I HAD WIFE AND BABY ON THE WAY I WENT AWOL TO TAKE CARE OF THEM THIS WENT ON FOR MONTHS, WHEN I TURNED MYSELF IN I WAS GIVEN A CHOICE OF TIME OR TO SIGN FOR CLEMENCY DISCHARGE I WOULD LIKE TO HAVE MY VA BENEFITS RE INSTATED AS I DID SERVE MY COUNTRY WITH HONOR AND FEEL I WAS PRESSURED TO DO THIS
Customer reply replied 8 months ago
I AM A VETERAN AND PROUD TO HAVE SERVED AND I KNOW MY AWOL WAS AGAINST RULES BUT NO PAY FOR SEVERAL MONTHS PUT UNDUE HARDSHIP ON MY WIFE AND UPCOMING BIRTH OF MY CHILD I TRIED TO GET ISSUES RESOLVED AND THEY NEVER WOULD HELP ME I WAS ONLY SHORT OF BEING DISCHARDED BY 3 MONTHS WHEN ALL THIS BEGAN I NEVER GOT ANY BACK PAY THEY FINED ME WHEN I TURNED MYSELF IN I WAS IN ARMY
Military Lawyer: Law Educator, Esq., Attorney replied 8 months ago

We would be happy to speak on the phone with you, but that is a premium service charge and you would need to pay that first.

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Customer reply replied 8 months ago
i am still waiting for a reply i will not give you more money till you answer something
Military Lawyer: Law Educator, Esq., Attorney replied 8 months ago

Thank you for your reply.

I apologize, I do not make the rules the site does and as I am not a site employee I cannot change those rules for you.

I follow the rules as an expert just like you must as a customer and we can answer you here but phone service is additional and I cannot help those rules, but please accept my apology about having to follow them.

A Clemency discharge, especially one under honorable conditions, DOES NOT mean the member cannot apply for VA benefits and appeal those benefits. In cases of clemency discharge, the VA reviews applications on a case by case basis to determine whether or not the discharge was less than honorable or honorable and the type of alleged misconduct allegedly involved. So in addition to filing with the Army Board of Discharge Review to explain the circumstances as you explained above, you can also file with the VA for benefits and appeal with the same explanation for consideration of benefits as the type of discharge you have does not mean they cannot approve your benefits.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Military Law
Satisfied Customers: 125,936
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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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