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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: 25 days ago.Category: Military Law
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Answered in 3 hours by:
3/26/2018
Military Lawyer: Allen M., Esq., Lawyer replied 25 days ago
Allen M., Esq.
Category: Military Law
Satisfied Customers: 20,122
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 24 days 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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Allen M., Esq.
Allen M., Esq.
Allen M., Esq., Lawyer
Category: Military Law
Satisfied Customers: 20,122
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Experience: Lawyer and current JAG officer.

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