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I have served 6 years with 1 reenlistment. I am currently…

Customer Question
I have served 6...

I have served 6 years with 1 reenlistment. I am currently being chaptered under chapter 14-12 misconduct. Most likely getting a general discharge with honorable conditions. I was told I will still get my GI bill benefits because I served on contract honorably. Is this true?

Lawyer's Assistant: Are you overseas or stateside?

Stateside

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

I have talked to the eucation center. Chain of command won't reveal what discharge they are recommending.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Thats all

Submitted: 4 months ago.Category: Military Law
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Answered in 2 minutes by:
1/5/2018
Military Lawyer: Allen M., Esq., Lawyer replied 4 months ago
Allen M., Esq.
Category: Military Law
Satisfied Customers: 20,359
Experience: Lawyer and current JAG officer.
Verified

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.

It might be true, yes. What matters is if you were issued a DD Form 214, last time, before you reenlisted. The point is that you need an honorable discharge certificate or DD Form 214 for some period of service.

However, if you never got any such documentation (which sometimes happens), getting it done now isn't likely going to happen. You can't really force it, because this is seen not as a legal right but rather more of a loophole that people have been able to use.

If you have any further questions or other facts that you would like me to consider, 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 three, a four or preferably a five star 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.

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Customer reply replied 4 months ago
I reenlisted within my reenlistment window. I never received a DD 214 because I never ETS. Does that count as honorable?
Military Lawyer: Allen M., Esq., Lawyer replied 4 months ago

If you're just asking me, yes I would consider that you served a period of time as honorable.

The problem is that, without an honorable discharge or DD Form 214 to document it, how do you establish an honorable service period for the VA? Without those documents, no you wouldn't be able to establish it.

Unfortunately, that is why I had to say at the beginning that it "might" be true. Those who have managed to get their GI Bill, even following a General discharge, had a printed DD Form 214 and/or honorable discharge certificate from their first enlistment.

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Customer reply replied 4 months ago
From my knowledge you only get a DD 214 if you ETS. So I was given one because I didn't have a break in service.
Military Lawyer: Allen M., Esq., Lawyer replied 4 months ago

Yes, your knowledge is generally accurate. However, thousands of people got DD Form 214's and/or honorable discharge certificates before they ETS'd, and then reenlisted.

I got one myself and have personally seen it happen many times. I've been around the military since 1993. I have seen this issue for decades. If I could tell you differently here, I would. However, I'm going to be honest with you about what I know to be true.

Without a DD Form 214 or honorable discharge certificate, you can't establish with the VA that you completed an honorable tour of service.

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