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Old 09-06-2015, 05:44 PM
 
1 posts, read 1,018 times
Reputation: 10

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I was finally discharged in 2009 I applied with va right away and after about a year they approved me for 40%, in 2011 they approved me for 60%, in 2012 they approved me for90% and in 2013 they approved me for 100% and I have a bad conduct discharge, reduced from E7 to E1, 3/4 pay taken away for 12 months and 12 months confinement! if your injuries were during your good service than you can file them and if there are secondary's that arose from a covered primary injury than you can file for that as well, the thing is it will take time and being seen by allot of VA doctors.
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Old 09-08-2015, 01:18 PM
 
1 posts, read 981 times
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I am believe that you might be of great help to me friend. I was bad conduct discharged back in 2010 but the only thing I was told I could get was the 5 year VA medical aid. I have gone back to school to better myself and cant get GI bill, even though when I enlisted I was guaranteed a bonus which I got and a GI bill of 49,000.00. that's in my contract. Now I have received and 3 GCM's and countless awards. How do I fight this. I had given up hope and just took the rejection but maybe you can help me friend.
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Old 09-13-2015, 12:07 PM
 
Location: Southern Oregon
2,834 posts, read 4,026,991 times
Reputation: 3002
Quote:
Originally Posted by steelrain1024 View Post
I am believe that you might be of great help to me friend. I was bad conduct discharged back in 2010 but the only thing I was told I could get was the 5 year VA medical aid. I have gone back to school to better myself and cant get GI bill, even though when I enlisted I was guaranteed a bonus which I got and a GI bill of 49,000.00. that's in my contract. Now I have received and 3 GCM's and countless awards. How do I fight this. I had given up hope and just took the rejection but maybe you can help me friend.
Seeing how you have received 3 GCM's your prior years of service will be looked at by the VA. This link explains how the VA looks at "Claims for VA Benefits and Character of Discharge"

http://www.benefits.va.gov/BENEFITS/..._Factsheet.pdf
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Old 10-05-2016, 07:43 AM
 
1 posts, read 646 times
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Default Did you get the VA benefits?

Seeking an update on your efforts. Jo Coeman





Quote:
Originally Posted by badconductdischarge View Post
As my username states. I received a bad conduct discharge from the army in 2008.

I have held very great jobs since my release from confinement. I have worked Loss Prevention. I have conducted the supervision of State defendants court ordered to be on electronic ankle monitoring.

I now attend a "sub class" of Law Enforcement. Details i will not disclose here. So don't ask

My charges were:
Larceny of Government Property
Sale of .....
Attempt to sale of .....

I received with a plea agreement held under a General Court Martial:
12 months confinement
Reduction of Rank to E-1
Forfeiture of all pay and allowances
Bad Conduct Discharge

!!!!NOW!!! since my release. I have fought for my GI Bill and after 12 denial letters from the VA. I was approved to receive 100% full GI Bill benefits.
Note: That the requirement for GI BILL benefits is to have 90 days of honorable active duty service. Since I received a Good Conduct Medal which is 3 years of honorable service. and that I re-enlisted at my 2 year mark. I was approved. They tried to shoot me down. But when I hinted that I will file a lawsuit for breach of contract. The jumped at approving the GI BILL.

Now I'm just beginning my fight with the VA to have my medical benefits. My battle will be the same since their requirements are basically the same thing. I do for now have the VA's five year medical benifits for combat veterans. But I was shot while in the army and need additional surgery's to repair the damage.

For all of you out there that think all because you have a discharge that isn't an Honorable. Look at your records. Look at your records. Look at your records.

Scan over your original military contract. In it you will find the exact requirements that you and the VA agreed on at the time. It doesn't matter what their requirements are right now. They MUUUUUST uphold the contract you held when you enlisted. If you re-enlisted then you are golden. If you have any Good Conduct Medals, then you are golden. If you deployed to combat, then you should have five year "combat veteran preference"

I am in the beginning of have my Discharge upgraded.

I contacted the BATF "ATF" yesterday. And ran my entire case by their agent. He and I quote his words not mine. "well, since you were tried under the UCMJ and not a state or federal court. Then your charges were not against the united states but the military." "the term in the Gun Control Act of 1968 that talks about were you charged of under indictment of a crime punishable by more than one year actually only applies to violent crimes and crimes against a person." "since your charges were only theft related. It was against property and not against a person." "so from the ATF regulations point of view, your fine to have a weapon." "just to play it safe, go grab a records check from the state troopers and if it says your good then your good." "I've been in the ATF for 18 years and have ran thousands of background checks and never not even once had a military record show up." "even when we request for a suspects military records, it takes tons of letters, memorandums, and takes weeks or months to get a copy."

These are the words of a near retirement ATF agent.

So again, when you get out. DO NOT hang your head low and think all is lost. For those Dishonorably Discharged. I'm sorry but the BS you'll find on Google will tell you that your SOL. NOT TRUE.
You can also have some but not all benefits. You will never get medical but try for the GI BILL.

I'm also looking into having my "civil rights" restored. Also called "Restoration of Rights". City and State convicted Felons apply to their individual state. I'm unsure about military convictions tho. But basically when you restore your civil rights. You are regaining you 1-right to vote and 2-right to bear arms.
If anyone else has any advise they could share with me it would be outstanding. If you need assistance with anything I have achieved just ask.


My main question on my part is:
1-I want to restore my gun rights. How?
2-I want to have my VA medical benefits. How?
3-I want to upgrade my Bad Conduct Discharge. How?

please help.
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Old 01-17-2017, 06:53 AM
 
1 posts, read 941 times
Reputation: 10
Unhappy I received a bad conduct discharge under special conditions

Yes I received a bad conduct discharge under special conditions I have been denied benefits 4 times
even after my physicial evaluation is the anything I can do to help me with this issue. I'm willing to
hire a laywer if that's what it takes.

Thanks
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Old 01-17-2017, 07:48 AM
 
Location: San Antonio
3,192 posts, read 9,240,307 times
Reputation: 4735
The laws say you can't get benefits if you had a dishonorable discharge, was yours labeled that way? If so, I don't think there is anything at all you can do.
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Old 01-17-2017, 08:36 AM
 
4,316 posts, read 2,156,252 times
Reputation: 7606
veterans benefits are something you ....EARN
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Old 01-17-2017, 09:45 AM
 
9,355 posts, read 15,813,281 times
Reputation: 17151
Other than trying to get your discharge upgraded, I doubt you can do anything.
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Old 01-17-2017, 11:25 AM
 
Location: Tennessee
188 posts, read 192,669 times
Reputation: 482
Each branch of the military has a Discharge Review Board where you can file an appeal if you believe that your BCD was unduly harsh. What branch did you serve in and when were you discharged? Did you discuss your options with your JAG defense counsel during and after your courts martial? If it can be argued that your bad conduct is related to Post Traumatic Stress Disorder or other mitigating circumstances influenced your behavior they can be entered by you to the DRB to support your appeal.
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Old 01-17-2017, 11:57 AM
 
Location: Southern Oregon
2,834 posts, read 4,026,991 times
Reputation: 3002
You can try to get your BCD changed, however, if your BDC was due to a felony conviction under a Special or General Court Martial then you chances of getting this discharge changed is pretty slim.
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