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Old 09-07-2012, 11:16 AM
 
Location: NY
8,735 posts, read 12,494,805 times
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Quote:
Originally Posted by Poncho_NM View Post
I am not sure that is correct. Can you provide a verifiable reference for that?
I tried to find something quick but did not turn it up.

However, it is in how the regs are written. The requirement is that a veteran serve at least 90 days on active duty and be discharged from that period service with a characterization of Honorable. Even with continuous active duty, a period is considered to be a contractural period. So if some enlists for 3 years, then reenlists for 3 years, the regulations see that as two periods of service. The law further sees a reenlistment as having ended the prior period of service honorably, to start the new period.

So basically, if someone received a discharge characterized as anything other than Honorable from a second enlistment period, but had completed their first enlistment and immediately reenlisted, that first period is Honorable.

The Montgomery GI Bill-Active Duty also operates this way.
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Old 09-07-2012, 11:17 AM
 
Location: NY
8,735 posts, read 12,494,805 times
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Quote:
Originally Posted by jasper12 View Post
Any veteran with a documented SC (service connected) injury, will always be eligible for services at the VA, for the SC injury, regardless of discharge status.
Not necessarily for receipt of education benefits however, since the education benefits do typically still require an Honorable discharge, regardless of the finding of an SC injury.
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Old 09-10-2012, 07:54 PM
 
3 posts, read 17,790 times
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Exclamation follow up on bcd and entitled benefits?

I know this thread was from months ago, but I was wondering if the original poster had any luck? My husband has almost identical charges and is currently serving his time. He will also be getting a BCD once they discharge him and it IS in fact a felony when everything is said and done. My husband, for the same charges got 24 months instead of 12 - I'm jealous of you!! When I was at his trial, it was US vs my husband, it's definitely a federal offense.

My husband had also previously re-enlisted and yesterday he mentioned that because of that, he should still be receiving benefits and his GI Bill. I'm REALLY hoping this is the case, anyone able to help me out on that? He has PTSD which he will be fighting to control for some time, he will need counseling, medication, etc just to make it manageable. This is in fact, an "injury" from war, regardless of what anyone thinks.

I'd really appreciate any input! Thanks!
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Old 09-11-2012, 02:54 PM
 
Location: NY
8,735 posts, read 12,494,805 times
Reputation: 10706
Quote:
Originally Posted by kerhardt View Post
I know this thread was from months ago, but I was wondering if the original poster had any luck? My husband has almost identical charges and is currently serving his time. He will also be getting a BCD once they discharge him and it IS in fact a felony when everything is said and done. My husband, for the same charges got 24 months instead of 12 - I'm jealous of you!! When I was at his trial, it was US vs my husband, it's definitely a federal offense.

My husband had also previously re-enlisted and yesterday he mentioned that because of that, he should still be receiving benefits and his GI Bill. I'm REALLY hoping this is the case, anyone able to help me out on that? He has PTSD which he will be fighting to control for some time, he will need counseling, medication, etc just to make it manageable. This is in fact, an "injury" from war, regardless of what anyone thinks.

I'd really appreciate any input! Thanks!
Well, as I said previously, if he had a legitimate reenlistment, his eligibility to educational assistance should be fine. To be sure, have him apply to VA. Have him send documentation showing his reenlistment (sometimes it states it in the remarks of his DD214, he may also have received an Honorable discharger certificate, have a signed DD Form 4 enlistment document for the reenlistment, etc).
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Old 09-20-2012, 09:02 AM
 
1 posts, read 6,678 times
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how do I get a copy of my SRB?
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Old 10-02-2012, 08:24 PM
 
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Very true. Any veteran with a service connected disability will be eligible for VA pension/benefits regardless of the discharge. VA center in Florida told me as long as I have medical records showing that I had a condition during service (PTSD, ETC) I will be eligilble for VA benefits. Even if you were discharged thru a General Court Martial and received a BCD or Dishorable discharge. I checked and double checked and this information is true! Call and ask for your self. Again it must be as long as you had a condition (Service Connected) prior to getting a Court Martial.
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Old 10-02-2012, 08:39 PM
 
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Right now he's still serving his time in Leavenworth & may not be out til next December. From what we hear he parole rate is only 30% so it's unlikely he'll get it which means he'll have to just bank on getting out early on good time.

This may be asking to much, but if the original poster could email me, kyerdon@gmail.com, my husbands clemency is coming up & I'd like to get as many similar cases to use as reference points to argue his sentence down. Or, if you'd like I can email you his attorneys email address & you can send the information directly to him. Either way, I'd appreciate it! Or anyone else that has had similar cases I could use all the help I can get. I'm pretty desperate in getting information. I have an 8.5 month old son that really needs his daddy home & for my sanity, the sooner - the better
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Old 11-30-2012, 02:47 PM
 
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I am a veteran that did 3 combat tours in Iraq. One in 2003 for the initial push to Baghdad, 2004 and 2007. Ive had so many problems from the war. I never told anyone this but in 2004 I almost committed suicide because my wife at the time was cheating on me. Upon my return from my 2007 deployment I got into drugs and popped on a drug test so I went U.A for a 1yr and 3 months I had issues and I didnt know how to cope wit them. I returned and got a month confinement and a BCD. I got my G.I. BIll and I tried to apply for V.A. Medical benefits but I was denied. In 2007 my driver hit an I.E.D. and recieved just a minor headache and was put in my medical records. I tried to seek help through the V.A but I was denied for benefits. Am I SOL on this matter for Medical benefits?
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Old 11-30-2012, 03:06 PM
 
31,384 posts, read 28,519,199 times
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Quote:
Originally Posted by Machorican24 View Post
Any veteran with a service connected disability will be eligible for VA pension/benefits regardless of the discharge. VA center in Florida told me as long as I have medical records showing that I had a condition during service (PTSD, ETC) I will be eligilble for VA benefits.
Title 38 › Chapter I › Part 3 › Subpart A › Section 3.360

3.360
Service-connected health-care eligibility of certain persons administratively discharged under other than honorable condition.

(a) General. The health-care and related benefits authorized by chapter 17 of title 38 U.S.C. shall be provided to certain former service persons with administrative discharges under other than honorable conditions for any disability incurred or aggravated during active military, naval, or air service in line of duty.

(b) Discharge categorization. With certain exceptions such benefits shall be furnished for any disability incurred or aggravated during a period of service terminated by a discharge under other than honorable conditions. Specifically, they may not be furnished for any disability incurred or aggravated during a period of service terminated by a bad conduct discharge or when one of the bars listed in 3.12(c) applies.

(c) Eligibility criteria. In making determinations of health-care eligibility the same criteria will be used as is now applicable to determinations of service incurrence and in line of duty when there is no character of discharge bar.



3.12(c) [/b]


(c) Benefits are not payable where the former service member was discharged or released under one of the following conditions:

(1) As a conscientious objector who refused to perform military duty, wear the uniform, or comply with lawful order of competent military authorities.

(2) By reason of the sentence of a general court-martial.
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Old 11-30-2012, 05:31 PM
 
18,856 posts, read 27,743,144 times
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A discussion of any VA benefits is best done with a VBA counselor. Things change all the time. And every situation is unique. Don't go in with any preconceived notions...or attitude.

1. Do have all revelant paperwork in a folder.
2. Do have specific things written down, with a time line of dates. Where you served and what your duties were.
3. Do write things down, the counselor may request additional information.
4. Do not be rude. This person is there to help you.
5. Understand that these things take time.
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