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I am helping my husband gather information for his GI

Hello. I am helping...

Hello. I am helping my husband gather information for his GI Benefits. He currently rates 60%, but has seen on the government website he is entitled to 100% since he has a service-connected medical separation. The problem is documentation of this discharge. He was a USMC reservist that served enough of the appropriate activty duty hours for his GI Benefits. His DD214 only show his discharge from active duty back to reserve. He was discharged after his active duty period. The command states they destroy all records after a few years. He was not provided with any documentation on the day he signed out. The GI Bill department seems to only want to recognize a DD214, which is not issued for reservist discharge.

Lawyer's Assistant: Are you overseas or stateside?

Stateside

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

Yes. They said they destroy all records after a few years. The National Archives said they do not have any of his records. The records he got from Quantico do not have any discharge information.

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Answered in 2 hours by:
3/21/2018
P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 36,601
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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I am sorry for this dilemma. But I do not understand your specific question. Do you have a question regarding this matter?

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Customer reply replied 1 month ago
We are unable to locate any of his discharge papers. He is currently being denied his full GI Benefit because they want a DD214. However, reservists only receive a DD214 when being released from active duty. We are at an impass because the records the military wants for benefits are records the military does not provide for a reservist. We are not sure how to proceed next especially given that the people he has been talking to doesn't seem to understand their own policies.

Wait...when did he receive his final discharge (how long ago)? And did he not receive a DD256?

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Customer reply replied 1 month ago
Also the day he signed out the command would not provide him with any copies of documents. After requesting and reviewing all of his records we cannot locate any documents from the day he was released.

Can you speak on the phone? This would allow me to address your concerns directly. There is a nominal ($5) additional charge. I do not time my phone calls...we can converse until you receive the information you need.

P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 36,601
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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P. Simmons
P. Simmons
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Category: Military Law
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Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.

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