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I'm trying to help my sons friend since he has no family to…

Customer Question
I'm trying to help...

I'm trying to help my sons friend since he has no family to speak of. While in the military, right after his dad suddenly died he received a DUI and received a regular DC from military at the regular time. Since he didn't have an honorable DC is there a way to get his GI bill back?

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

No, he is struggling with were to start and how?

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

This young man want to do some schooling and training for wilderness firefighting, EMT/Parametic.....

Lawyer's Assistant: Because education law varies from place to place, can you tell me what state this is in?

Washington

Submitted: 2 months ago.Category: Military Law
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Answered in 8 minutes by:
5/2/2018
Military Lawyer: Allen M., Esq., Lawyer replied 2 months ago
Allen M., Esq.
Category: Military Law
Satisfied Customers: 20,570
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 GI Bill requires an honorable discharge. To change his discharge status, he would have to file to have his discharge upgraded. He can file through the DD Form 293 process, seeking to upgrade the discharge.

However, it is not easy. Few are upgraded. To upgrade a discharge, you have to show that the discharge was an error or an injustice at the time you received it (so positive life changes since then aren't really relevant).

He can certainly argue the effect that his father's death had on him; however, it is possible that was already take into consideration by the command when he was separated. I don't know what separation he received, but if it was a General discharge, that isn't the worst he could have gotten...so the board might consider that he already received the consideration for those facts. The board can also decide to be more lenient.

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 2 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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