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Old 12-17-2012, 05:14 PM
 
1 posts, read 5,547 times
Reputation: 11

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I was injured in 1986 on the USS NEW JERSEY . I was hit in the testicle with ducktape by another soldier while underway. It required emediate surgery (ruptured cord) my wife and I cannot have children after 19yrs of trying and numerous doctors visits and more sugery's, no luck! After serving 3yrs and @9 months, I requested to go home on leave. I was approved then later denied, I was highley disapointed only because I was that guy that you could depend on to work in place of other soldiers going on leave. I didnt go home much. I just felt like a promise was broken by my Chief and my way of acting out, because remember, most of the time going in to the service, we are all young and dumd. I decided to just take off anyhow. I was told by a friend that if I stay gone no more than i think 4months, it would be considered just UA, but if after 4months, it would be AW. I turned myself in approx 3months later and I was given a CM. My choices where to go to the brig for 9months and stay in, or 6months and get out on a BCD. I never new the impact of what this BCD could have on a person. I was denied benefits @ 4yrs ago but the funny thing about this is that they never mentioned my medical or my BCD, they mentioned about me getting busted on a **** test while on westpac in Thailand. Hell, who didnt get busted then 1987, Thialand Come on!!! Can anyone give me advise weather I can get any type of benefits or GI BILL, or is it a waist of time? My wife of 20yrs has had to suffer behind this and we are now as we speak are in Adoption certification process because we feel the need to still give another child love. but it kinda hurts that my country kinda turned their back on me when I still served 98percent of my first term and got injured while active.


Long story, but very impacting to me and my wife. I thak you all for your time.
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Old 12-17-2012, 09:34 PM
 
16,487 posts, read 19,085,560 times
Reputation: 16091
Quote:
Originally Posted by dtmclee View Post
I was injured in 1986 on the USS NEW JERSEY . I was hit in the testicle with ducktape by another soldier while underway. It required emediate surgery (ruptured cord) my wife and I cannot have children after 19yrs of trying and numerous doctors visits and more sugery's, no luck! After serving 3yrs and @9 months, I requested to go home on leave. I was approved then later denied, I was highley disapointed only because I was that guy that you could depend on to work in place of other soldiers going on leave. I didnt go home much. I just felt like a promise was broken by my Chief and my way of acting out, because remember, most of the time going in to the service, we are all young and dumd. I decided to just take off anyhow. I was told by a friend that if I stay gone no more than i think 4months, it would be considered just UA, but if after 4months, it would be AW. I turned myself in approx 3months later and I was given a CM. My choices where to go to the brig for 9months and stay in, or 6months and get out on a BCD. I never new the impact of what this BCD could have on a person. I was denied benefits @ 4yrs ago but the funny thing about this is that they never mentioned my medical or my BCD, they mentioned about me getting busted on a **** test while on westpac in Thailand. Hell, who didnt get busted then 1987, Thialand Come on!!! Can anyone give me advise weather I can get any type of benefits or GI BILL, or is it a waist of time? My wife of 20yrs has had to suffer behind this and we are now as we speak are in Adoption certification process because we feel the need to still give another child love. but it kinda hurts that my country kinda turned their back on me when I still served 98percent of my first term and got injured while active.


Long story, but very impacting to me and my wife. I thak you all for your time.
No offense, but why on earth would you think it would be ok to leave when you were told you couldn't, and then to be gone 3 whole months?
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Old 12-18-2012, 05:53 AM
 
Location: Hawaii/Alabama
1,455 posts, read 2,692,820 times
Reputation: 3308
As someone above mentioned your best option would be to contact a VBA. I am sorry that you feel as if you have had a raw deal.

Unfortunately, you DID leave without the proper permission. You had to have been at least 20 when you decided to go AWOL; although you were young you had been in long enough to understand the consequences of your actions.

I do hope that you find some sort of peace in your (and your wife's) life. Contact your closest VBA- going to them you will get the correct answers to your questions.


P.S.- I am sorry but popping hot on a urinalysis is NOT the norm no matter what the decade was or how old you were at the time. You have to had known that doing any sort of drugs (without the proper RX from a Dr) would not be taken lightly.
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Old 01-19-2013, 12:32 AM
 
2 posts, read 5,803 times
Reputation: 11
Default Unfair discharge

I was in the Air Force, doctors diagnosed me with schizophrenia 3 weeks later i was court martialed with a bcd. Is my diagnoses service connected since that was the first time i was diagnosed while in the military? I was in psych ward up until 1 day before trial.
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Old 01-22-2013, 09:13 PM
 
1 posts, read 5,421 times
Reputation: 11
Having a bad conduct discharge is a bar for GI Bill benefits, regardless of time served, good conduct medals, or what ever your elilstment contact states. You must have a Honorable Discharge. As to the medical benefits, you will be allowed medical care for your gun shot injury only. Finally, if you served one year or less then you should be allowed to by a gun legally. If you served one year and one day or more, then you have a felony on your record, and trying to buy a gun will result in problems later with the ATF. Good Luck.
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Old 01-28-2013, 04:57 PM
 
Location: Austin, TX
1 posts, read 5,359 times
Reputation: 10
I'm heading down the same road. Could we talk some time?

Dylan
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Old 02-19-2013, 09:12 PM
 
1 posts, read 5,267 times
Reputation: 17
I received a Bad Conduct discharge via Special Courts Martial and receive Service Connected VA benefits at 100%.

I'll share my experience.

When I applied for VA benefits, the VA evaluated whether or not my service was 'honorable for VA purposes'. That last part is important. In essence, the VA broke my service into two parts. The first was 'honorable for VA purposes'. The last was not. Based on the first I qualified for service-connected benefits.

I receive the service-connected monthly compensation. I also receive full medical and dental care, which is all inclusive, for any issue. In fact, I recently had a crown done.

I have had no issues whatsoever buying a firearm. I enjoy target shooting.

I served for a little over 4 years. I did well for over 3, and then had the issue which ultimately led to my courts martial.

As mentioned above, I attended a Special Courts Martial. I was sentenced to a Bad Conduct Discharge, reduction in rate to E-1, and 6 months confinement (to serve 45 days, rest suspended). I'd already been confined for 44 days when I had my courts martial, so, I was released the next day, sent to a transient barracks, and processed out within a week or so.

I won't say being confined was fun. But, it wasn't that bad. And, believe it or not, a number of the guys in there weren't 'bad guys' who will be criminals in the civilian world. The guards (all military) treated us fairly. We even had a movie night once a week and each got one soda for the movie lol.

The weirdest time was when I had to go to the hospital for medical. Despite the fact that my UCMJ violation was non-violent, I had to go shackled and escorted by two guards. Spouses and children in the hospital were staring and I was like, man, this is weird.

Anyway, I don't want to digress too much. Point is, I get VA benefits. When you're applying finding help from a Veterans Service Officer can be quite helpful. It was for me. Also, don't give up. I was denied initially and awarded benefits on appeal. Try not to stress too much, and really invest time and thought in writing any letters or statements.
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Old 02-20-2013, 04:45 AM
 
Location: Central Massachusetts
4,100 posts, read 3,690,994 times
Reputation: 4828
Default BCD can be changed

There are procedures to address all of those BCDs. Some will not be able to be changed but those who want to can try.
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Old 02-20-2013, 05:10 PM
 
Location: Central Massachusetts
4,100 posts, read 3,690,994 times
Reputation: 4828
For those who are looking for help, please click on this link
http://www.dtic.mil/whs/directives/i...rms/dd0293.pdf
It is the form you need to use to try to change your discharge.

There are a few things that you need to know as well.

Tips & Warnings
Seek an attorney who is experienced in military law to assist in gathering documents and completing the application.
It may take up to 12 months before the application is reviewed and a decision made.
If the discharge given was based on a court-martial it cannot be changed
The statute of limitations for requesting a change is 15 years from the date of discharge

There are a few websites that give additional information but it is important that you get help.
http://www.navytimes.com/community/ask_lawyer/offduty-ask-the-lawyer-other-than-honorable-discharge-012411p/
If there is a VA representative in your city visit them. They can be a great source of help in this and other matters. I can tell you that when I retire that I believe I will work part time in the VA as a representative or something. I want to help any veteran who needs it. I guess that is the First Sergeant in me.
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Old 03-05-2013, 02:39 AM
 
1 posts, read 5,169 times
Reputation: 10
I have a question my husband just got 14 days in confinement and a BCD for drunk and disorderly is there anyway this can be appealed and/or upgraded ?
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