U.S. CitiesCity-Data Forum Index
Go Back   City-Data Forum > General Forums > Military Life and Issues
 [Register]
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
View detailed profile (Advanced) or search
site with Google Custom Search

Search Forums  (Advanced)
Reply Start New Thread
 
Old 03-05-2013, 04:55 AM
 
Location: Central Massachusetts
4,100 posts, read 3,690,994 times
Reputation: 4828

Advertisements

Quote:
Originally Posted by Juelz715 View Post
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 ?
IMO yes. Please follow the information I provided in the link above yours. This could take time. Usually as the saying goes time heals all wounds. You will probably not get a Good Conduct Discharge but upgraded to a General on other than conditions. A lot will depend on your husband and who you get for legal help. Another resource is your Congressman and/or Senator. They can be your most valuable resource.

The point is do not expect quick action but be persistant and curteous when dealing with the system.
Reply With Quote Quick reply to this message

 
Old 03-11-2013, 11:27 PM
 
1 posts, read 4,653 times
Reputation: 11
Same here don't listen or read into any of the Neg. post without first trying. I to have a OTH after 5 Honorable discharges/ re-enlistments. I got the post
911 graduated with my Bachelor degree 3.52 now doing my Masters. I also got my VA benefits at 50% disable. I have a court-martial 30 days confinement and 20k fine. Court martial didn't discharge me but my unit did, it took a year and a half to be discharged. The best part after all of this I was promoted to E-3 while waiting to be discharged. Know have you ever heard of that, a little guilt I will say. I pretty much took a fall for a higher ranking officer and enlisted E9, and I will leave it at that. Thanks Marines


QUOTE=LightsFromAfar;28325759]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.[/quote]
Reply With Quote Quick reply to this message
 
Old 03-12-2013, 10:10 PM
 
Location: reloading
16,814 posts, read 11,532,553 times
Reputation: 5102
unless you have a dishonorable discharge, you can apply to have your BCD upgraded to a better discharge every 18 months. I have a friend that got his bcd upgraded to a honorable discharge. it took him almost 9 years to do it.

better than nothing i guess.
Reply With Quote Quick reply to this message
 
Old 03-24-2013, 11:53 PM
 
3 posts, read 18,278 times
Reputation: 16
Jules, your husband should be assigned someone from TDS (is he army?). I would assume like other court martials, he needs to have a hearing, they can't just sentence him & say you're guilty of this without bringing him in front of a judge. My husband was assigned two different attorneys from TDS, one for his pre-trial hearing and then one for the actual hearing. Believe it or not, I was very impressed by the amount of time & dedication his attorney put into my husbands case. I was really afraid that they would just take the cookie cutter approach & have the mindset of "you made your bed, now lay in it".
Reply With Quote Quick reply to this message
 
Old 06-08-2013, 06:10 AM
 
Location: Virginia
23 posts, read 184,201 times
Reputation: 73
Hello, I thank you for your comment and contribution to this conversation/forum.

The above message by me was in 2009, can't believe it's been that long now.

Since then, I have worked and excelled in the career of Retail Loss Prevention. Where I work undercover and arrest shoplifters. I'm currently number 4 in my respective company and very good at my job, which I have arrested well over 300 people. And yes for everyone in this forum, these are legal arrests. I work alongside the police in various aspects. I assist in the tracking of persons with active Felony Warrants, which I have found many and had them arrested, some were running and "trying" to hide for years. I have attended a police citizens academy, the FBI citizens academy and also a State Trooper citizen academy. All three ran records checks before approving anyone to attend. I have purchased firearms since then without a problem. I have conducted several ride-a-longs with the police without an issue of background. I recently applied and was accepted to test for a Police Department (respected and well known department). I passed everything but failed a report writing test. I will apply and go for the next academy when it opens.

I will have to say that last year I called and spoke to that ATF agent and thanked him for his time back then. He didn't have to talk to me or help me hold my head high.

I'm currently in the process of being hired on with the TSA. I have my Secret Security Clearance already submitted and waiting on word back. I have spoke with another guy who got a BCD that now has a Security Clearance and works Border Patrol.
Reply With Quote Quick reply to this message
 
Old 06-08-2013, 06:29 AM
 
Location: Virginia
23 posts, read 184,201 times
Reputation: 73
theoldnorthstate,

Thank you very much for a positive comment here.

To cap on what I've done and where I'm at now is the following:

I did receive the GI BILL finally and began using it last year. I'm on hold for now until I figure out where I want a career to go. I don't want a degree just to have one as many people end up doing.
I have worked in Retail Loss Prevention for two years now, where I basically go undercover and arrest shoplifters. I've arrested well over 300-400 people, many for Felony theft. I attend regular meetings with the police and detectives to discuss current criminals and share intelligence. I assist in tracking down persons with active Felony Warrants, which I have found many, some that were running for years. I have purchased firearms with no problem at all. I have attended a Police Citizens Academy, State Trooper Citizens Academy and the FBI Citizen Academy. All of which run background checks. I recently applied and got accepted to test for the Police Department (a very well respected and well known department). I told them everything about me, they had no records of it but I wasn't about to lie to them. They still let me in. I passed everything but failed a report writing test. I will attend the next academy's testing phase and hopefully within a year or so, be a sworn police officer. I am very well respected in my current career and very much known for my expertise and ability to spot a potential shoplifter or criminal from the crowds. I am pending with my VA Medical right now as they have a ridiculous backlog of people applying.
Now as far as military, I am working with a recruiter for the National Guard who happened to graduate High School with my wife to actually get back in the Army. He is working his way on his end and right now is pretty sure he only has to get a O5 or O6 (Lt Col, Col) to sign off on it. I would then pull 6 months in the NG then I could transfer back into active duty. I would also be able to have my choice of MOS and everything. I asked him, ironically that it may be. Could I enlist as an MP. He jumped with joy at this as he is an MP, was i guess since he's a recruiter now. Now he's dead set on making it happen.
So to say i fell and got back up is a very accurate statement.


Also, I never received any type of punishment at all until my discharge.
Reply With Quote Quick reply to this message
 
Old 06-08-2013, 06:32 AM
 
Location: Virginia
23 posts, read 184,201 times
Reputation: 73
Quote:
Originally Posted by bellhead View Post
The GI Bill was earned under his original contract. Any injuries sustained while serving should be covered by the VA, for his service regardless of discharge. People make mistakes in their lives and he did. The original poster served his time and paid for it and hopefully learned from his mistake. To deny him his earned benefits is against everything we believe in and cheapens what it is to serve overall if they can be taken away for a mistake.
thanks for the positive comment. You sir are an understanding individual and i can tell has a good moral compass. Read my replys I just posted. You will find that things are working out for me for the best.

Thanks
Reply With Quote Quick reply to this message
 
Old 06-08-2013, 06:45 AM
 
Location: Virginia
23 posts, read 184,201 times
Reputation: 73
Quote:
Originally Posted by texdav View Post
I take it that Moderator cut: We don't need the name calling and bashing law enforcemnt did not include fingerprints as the FBI would have yours on record if searched. Other than that I would see a good lawyer to investiagte you possiblities. Often in some state a felony can get special permisssion to buy firearm but its usually very restrict as to type ;numbrrs and what the original offense was alowing it.
Since my original post on here. I have done VERY well and still doing well. See my recent posts because, well, it's 3:44am here and I just don't feel like typing it all again.

Thanks.


Also, I never at all consulted with any type of legal rep. None.
Reply With Quote Quick reply to this message
 
Old 06-08-2013, 06:51 AM
 
Location: Virginia
23 posts, read 184,201 times
Reputation: 73
Quote:
Originally Posted by william2870 View Post
my husband has 2 discharge, one honorable and one BCD on his last enlistment.He was turned down for the VRAP program.
Please, please, please read my recent comments. The VA can not say no if he has a prior discharge that was honorable. The GI BILL only requires a small 90 days of honorable service. His first enlistment created a legal break in service and completed that enlistment obligation. Also if he received ANY award after day 91, to receive an award requires a person to not be flagged for any type of punishment, thus meaning that any time before that award was honorable.

BOOM!!! Loopholes in the contract are beautiful. You'd think that the many lawyers that sat and wrote up blanket enlistment contracts would have covered their stuff. But nope. I have full 100% GI BILL and about to get my Medical at 100% also.
Reply With Quote Quick reply to this message
 
Old 06-08-2013, 06:58 AM
 
Location: Virginia
23 posts, read 184,201 times
Reputation: 73
Quote:
Originally Posted by Checkered24 View Post
GI Bill does require an Honorable discharge. That doesn't mean a final discharge must be honorable.

Sounds like in the OP's situation, he reenlisted to a second term on active duty. Completing an enlistment term, and reenlisting, is considered to be receiving an Honorable discharge for that first term. Therefore, that first term would be qualifying for GI Bill, regardless of the outcome of a second term. (That said, be careful, some people get "extended" instead of reenlisting, and an extension of the original term of enlistment is not a reenlistment.

Also, keep in mind the VA does not necessarily have perfect information about your service either. If you feel you had an HON period or reenlistment, definately send them evidence of it to help them help you. (Hon discharge certificate, DD214 showing an immediate reenlistment, etc). Athough VA and DOD are all government, they are two seperate entities and VA doesn't have full access to DOD databases and records.

Rules for comp and pension are a little different than education.
GI Bill does require an Honorable discharge. That doesn't mean a final discharge must be honorable.

Sounds like in the OP's situation, he reenlisted to a second term on active duty. Completing an enlistment term, and reenlisting, is considered to be receiving an Honorable discharge for that first term. Therefore, that first term would be qualifying for GI Bill, regardless of the outcome of a second term. (That said, be careful, some people get "extended" instead of reenlisting, and an extension of the original term of enlistment is not a reenlistment.

Also, keep in mind the VA does not necessarily have perfect information about your service either. If you feel you had an HON period or reenlistment, definately send them evidence of it to help them help you. (Hon discharge certificate, DD214 showing an immediate reenlistment, etc). Athough VA and DOD are all government, they are two seperate entities and VA doesn't have full access to DOD databases and records.

Rules for comp and pension are a little different than education.

----------

Yes, you are very much correct in some aspect of your comment. The GI BILL actually only requires 90 consecutive days of honorable service. So that being said, I used my Good Conduct Medal as proof of three years of honorable service since that is the requirement for the GCM. Also, If you received any award at all, even the Achievement Medals that are handed out left and right are proof that at the time of the award, the soldier/servicemen was at Honorable standing. Since you can't receive awards if flagged for punishment. So if someone got an Army Achievement Medal after day 90 and before their punishment process, that proves honorable service. But yes, the first enlistment was a huge factor. And also as you said, the folks that approve or disapprove don't have all the resources. They work with what they got.

Thanks
Reply With Quote Quick reply to this message
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.

Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.


Reply

Quick Reply
Message:

Over $104,000 in prizes was already given out to active posters on our forum and additional giveaways are planned!

Go Back   City-Data Forum > General Forums > Military Life and Issues
Similar Threads

All times are GMT -6.

2005-2017, Advameg, Inc.

City-Data.com - Archive 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32 - Top