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1st enlistment (Honorable): 01/25/1977 to 09/25/81 to 1981…

Customer Question
1st enlistment (Honorable):...

1st enlistment (Honorable): 01/25/1977 to 09/25/81 to 1981 (4-yrs 8- mos. of continuous active duty) were otherwise honest, faithful and meritorious.2nd enlistment (OTH): 12/15/1981 to 01/14/1983 (1-yr 1-mos.)
My administrative discharged for pattern of misconduct occurred at the onset of DOD’s policy of zero tolerance.
Would first enlistment out weigh second enlistment for VA benefits?

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 was discharged years ago, and am now try to apply for va compensation for service connect injury

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

I think that is all

Submitted: 4 months ago.Category: Military Law
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Answered in 3 hours by:
3/26/2018
Military Lawyer: Allen M., Esq., Lawyer replied 4 months ago
Allen M., Esq.
Category: Military Law
Satisfied Customers: 20,624
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. (The system will automatically generate a phone call request to you. Unless I specifically state, during our discussion, that a phone call is possible, I intend to just use this chat format as I am not in a position to accept a phone call).

The first enlistment can't override the second enlistment, but neither does the second override the first. They are treated as independent periods of time, each with their own characterization.

So, then the question becomes "during which period did you receive your injury?" If you were injured during the period characterized as honorable, you'd get benefits. If you were injured during the period characterized as OTH, that is going to be less likely. Of course, if you were injured in the first period and the injury was exacerbated by service in the second period, there would be a reduction in your potential rating if they disqualified that second period.

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. Please DON’T rate my service until after you have asked any follow up questions that you have, so that I have the best opportunity to earn all 5 stars. Also, feel free to request me in the future, if you have questions concerning a different matter.

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Military Lawyer: Allen M., Esq., Lawyer replied 4 months ago

Hello, I wanted to check in and make sure that there was not any additional information that you required after the response I previously provided to you. If you need further assistance, please use REPLY and ask me for any additional information you may need. If not, take care, have a great day and please don’t forget to rate my service.

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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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