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Old 02-10-2014, 01:59 PM
 
Location: top secret
405 posts, read 1,127,609 times
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Quote:
Originally Posted by DDischarge View Post
I have a Dishonorable Discharge. Now I was not able to get medical benefits but was able to get GI Bill benefits. The deal is that I got the benefits from a previous Honorable discharge when I re-enlisted. That aloud me to get full GI Bill benefits.

What did you do??
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Old 02-11-2014, 04:02 PM
 
1 posts, read 2,448 times
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Ok, I had to register here to post in this thread because there's a LOT of knowledge floating around, and it's a good place to ask.

I served in the Air Force for 14 years, and was given a Dishonorable Discharge via General Courts Martial in December of 2010. I am FINALLY expecting my DD214 any day now (we just got our TriCare cancellation notifications in the mail yesterday).

Backstory: I got my home defense weapon out against a violent, aggressive drunk individual at my off base property as he was trying to incite a fight with me. Came downstairs and he was trying to drag a female room mate (wife and I owned house, had roomie living with us to help her out after divorce) to his car. Guy charged at me twice and got warning shots both times. As he left he tried running me over to which I shot at him as he was coming at me. I personally called police, divulged all info, was arrested, got out, and about 3 weeks later the state dropped all charges against me as self defense was obvious. Then the Air Force comes in, trumps up charges, and gets an aggravated assault conviction.

I had two prior honorable terms of enlistment, and an impeccable service record up until the year of that incident.

What I'm trying to find out is what benefits I can potentially fight for. I refuse to believe that this one incident lost me EVERYTHING after such a long term of service. I PAID for my GI Bill yet lose it totally, even though I had two prior honorable characterizations? The biggest one is that I had herniated two discs in my lower back in 2004 while loading my jet on a mission that required surgery in 2005. My back has never been the same, daily pain, long history of pain management with the military to boot. It's genuinely debilitating, pain on a daily basis, restricts my movement, and on occasion drops me on the floor out of nowhere. I see conflicting information about whether or not the DD doesn't get this obvious service related disability covered or not.

Just looking for suggestions for how to go about fighting and making a case for two main things, my GI Bill and disability/medical for service related injuries.

Thanks in advance.
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Old 02-11-2014, 10:27 PM
 
8,768 posts, read 10,329,110 times
Reputation: 13822
Quote:
Originally Posted by 1Daybyday View Post
Just looking for suggestions for how to go about fighting and making a case for two main things, my GI Bill and disability/medical for service related injuries.

Thanks in advance.
Your situation is a common basis for legal action to correct/change a discharge. The first thing you need to do is to locate a qualified military law attorney and have them begin the process of getting the discharge changed. In the meantime, you need to apply for VA healthcare and compensation so if the discharge is changed and you become eligible for VA benefits, they may retro back to the date of application.

Changing a discharge is one heck of an uphill battle, but the Air Force is notorious for having discharges upgraded by the review panels.
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Old 02-12-2014, 12:55 AM
 
3,266 posts, read 4,774,771 times
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You will get the GI Bill benefits as those are based upon a honorable discharge of the years served in which the GI Bill was paid for. I would go ahead and call the VA on the GI Bill or see the VA rep at your local college to get the ball rolling for that. You should also be able to use your VA loan as you have a honorable discharge also. next I would follow Rabrrita advice and consult with an attorney on getting your review done, and then go the medical route and try to get a medical disability, at this point there is no hard in try, also it would kinda of a nice to get your benefits back via a medical retirement and a discharge upgrade. My advice is don't get discouraged, create a file like lawyers have, and keep track of everything, your in for a 2 to 4 year fight on this.
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Old 02-14-2014, 01:28 PM
 
Location: Southern Oregon
2,833 posts, read 4,022,287 times
Reputation: 2997
Quote:
Originally Posted by 1Daybyday View Post
Ok, I had to register here to post in this thread because there's a LOT of knowledge floating around, and it's a good place to ask.

I served in the Air Force for 14 years, and was given a Dishonorable Discharge via General Courts Martial in December of 2010. I am FINALLY expecting my DD214 any day now (we just got our TriCare cancellation notifications in the mail yesterday).

Backstory: I got my home defense weapon out against a violent, aggressive drunk individual at my off base property as he was trying to incite a fight with me. Came downstairs and he was trying to drag a female room mate (wife and I owned house, had roomie living with us to help her out after divorce) to his car. Guy charged at me twice and got warning shots both times. As he left he tried running me over to which I shot at him as he was coming at me. I personally called police, divulged all info, was arrested, got out, and about 3 weeks later the state dropped all charges against me as self defense was obvious. Then the Air Force comes in, trumps up charges, and gets an aggravated assault conviction.

I had two prior honorable terms of enlistment, and an impeccable service record up until the year of that incident.

What I'm trying to find out is what benefits I can potentially fight for. I refuse to believe that this one incident lost me EVERYTHING after such a long term of service. I PAID for my GI Bill yet lose it totally, even though I had two prior honorable characterizations? The biggest one is that I had herniated two discs in my lower back in 2004 while loading my jet on a mission that required surgery in 2005. My back has never been the same, daily pain, long history of pain management with the military to boot. It's genuinely debilitating, pain on a daily basis, restricts my movement, and on occasion drops me on the floor out of nowhere. I see conflicting information about whether or not the DD doesn't get this obvious service related disability covered or not.

Just looking for suggestions for how to go about fighting and making a case for two main things, my GI Bill and disability/medical for service related injuries.

Thanks in advance.
First of all I would contact an Attorney that deals in Military Law. From my research a DD will wipe out all your previous discharges. A DD is the same as a felony conviction in civilian court and all rules governing felonies apply to a military DD. You can try to appeal however, it is my understanding that all DD are automaticly reviewed unless you requested discharge after trial.
Yes, you may have had an inpeccable record of military service up until this incident, I'm sure the Court Martial took this into account. However, you did commit a grievous act in order to receive a DD, they just don't hand them out "just because". You will not be able to collect any military benefits as long as this DD is on your records, in fact in most states you will be denied the ability to own a firearm because of this.

Again, contact an Attorney that deals with Military Law, I just telling you what I have found, so by no means take my word on this.
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Old 02-14-2014, 01:33 PM
 
Location: Vegas
1,789 posts, read 1,728,567 times
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As I've posted before, in my time as a Personnel Staff NCO who had to deal with UCMJ cases, I know of no way to overturn a dishonorable discharge other than through the appellate mechanism.
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Old 05-16-2014, 07:29 AM
 
1 posts, read 2,202 times
Reputation: 10
i pm you can you please check
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Old 06-19-2014, 01:04 PM
 
2 posts, read 4,126 times
Reputation: 10
My son is getting BCD, he was confined for 2 months and it is misdeamenor, how do i guide him to get the BCD changed to other discharge. he was court martialed.
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Old 06-19-2014, 05:21 PM
 
3,266 posts, read 4,774,771 times
Reputation: 1329
Quote:
Originally Posted by mumblesthemarine View Post
My son is getting BCD, he was confined for 2 months and it is misdeamenor, how do i guide him to get the BCD changed to other discharge. he was court martialed.
Consult a military lawyer, you will need to go through the appeals process..
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Old 06-25-2014, 03:52 PM
 
2 posts, read 4,126 times
Reputation: 10
what is the best way to find the good military lawyer?
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