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Old 06-08-2013, 06:11 AM
 
Location: Virginia
18 posts, read 177,534 times
Reputation: 72

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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!
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!

----------

Yes I had amazing luck and i have 100% GI BILL. I'm working on 100% Medical also. I'm not going to bother with upgrading my discharge since I have found it doesn't hinder me anyway. Only a Dishonorable Discharge would. Please read my recent comments on here as you will read my paths to overcoming many many obstacles. To your husbands 24 month sentence. Don't worry. My max possible sentence was 64 years due to separate charges (they stacked my charges pretty hard). I plead out to 12 months.

I'm doing great now and have done MANY things that most people think someone with a BCD couldn't do.

Also, STOP STOP STOP saying that his charges are Felony charges. They may be equal to what a respective states laws define as a Felony but a General Court Martial is not a "Felony Court" as some people call it. So when he is out, he DOES NOT have to list himself as a felon or anything on any type of civilian application. Now if he applies for state, federal jobs, be honest but say felon. I recently got accepted to test for a Police Department (well known and respected department).

I have learnt many other tricks of the trade. So please contact me on here and I will be more than will to help you one on one.

That goes for anyone else here. If you need help and are open for it. contact me

Click on my username, click the Contact Info tab, then click Send Direct Message.
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Old 06-08-2013, 06:12 AM
 
Location: Virginia
18 posts, read 177,534 times
Reputation: 72
Quote:
Originally Posted by badconductdischarge 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!

----------

Yes I had amazing luck and i have 100% GI BILL. I'm working on 100% Medical also. I'm not going to bother with upgrading my discharge since I have found it doesn't hinder me anyway. Only a Dishonorable Discharge would. Please read my recent comments on here as you will read my paths to overcoming many many obstacles. To your husbands 24 month sentence. Don't worry. My max possible sentence was 64 years due to separate charges (they stacked my charges pretty hard). I plead out to 12 months.

I'm doing great now and have done MANY things that most people think someone with a BCD couldn't do.

Also, STOP STOP STOP saying that his charges are Felony charges. They may be equal to what a respective states laws define as a Felony but a General Court Martial is not a "Felony Court" as some people call it. So when he is out, he DOES NOT have to list himself as a felon or anything on any type of civilian application. Now if he applies for state, federal jobs, be honest but say felon. I recently got accepted to test for a Police Department (well known and respected department).

I have learnt many other tricks of the trade. So please contact me on here and I will be more than will to help you one on one.

That goes for anyone else here. If you need help and are open for it. contact me

Click on my username, click the Contact Info tab, then click Send Direct Message.
****be honest but DONT say felon****

oops
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Old 06-08-2013, 06:27 AM
 
Location: Virginia
18 posts, read 177,534 times
Reputation: 72
Quote:
Originally Posted by pgwarvet View Post
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.
-----your post-----
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.

-----
My GOD. You are so horribly wrong with everything you just stated. I'm sorry to say but your are very much acting as a armchair lawyer, or "barracks lawyer."

I am the original poster to this thread. I DID receive a BCD. I DID receive 100% GI BILL and YES YES YES my re-enlistment and my GCM were major factors in getting it. I WILL receive 100% Medical for the same reasons. I DO NOT have a felony.
Felony: A crime PUNISHABLE by a term exceeding 1 year
Misdemeanor: A crime PUNISHABLE by a term not to exceed 1 year.
Felony and Misdo apply to State and Feds, not UCMJ. charges may be "equal" to that of state/fed charges but are not to be classified as Felony or Misdemeanor.

My max sentence was 64 years. I was sentenced to 12 months. I served 8 1/2.
Please read my recent posts here and you'll find out how I've done since my release. Very well I must say.

Please re-post on here as I would love to see your reply. Don't give people false hope. By God, I fell and made a bad decision and paid the price. But I'm not the type of person that is going to hold my head low and think all hope is lost. I WILL NOT let one stupid decision define me as a person as I know and everyone around me knows I am a very good person with great morals.
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Old 06-08-2013, 06:55 AM
 
Location: NY
8,735 posts, read 12,489,358 times
Reputation: 10706
Quote:
Originally Posted by badconductdischarge View Post

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
Be careful here (although I know you received your benefit). I just want to be clear for the forum record. If you are still on active duty, you are eligible after 90 days. However, once you are discharged, you must have an "Honorable" period of service. Basically, you can serve all 4 years of a 4 year enlistment, but if your discharge is UHC, your not eligible. By Honorable service, you must have been discharged from the enlistment with a Characterization of "Honorable." (As I said earlier, either the final is Honorable, or your service is an "Honorable" discharge due to reenlistment. Receipt of Conduct or Achievement medals is insufficient for proof of qualifying service.

(Other complications here too. If you serve a regular active duty enlistment, but only complete basic and initial skill training, and receive an HON discharge, you may still not be eligible since basic and initial skills are "excluded" service under the regulations. .
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Old 07-16-2013, 08:45 PM
 
1 posts, read 4,884 times
Reputation: 12
Default VA Loan

Quote:
Originally Posted by badconductdischarge View Post
****be honest but DONT say felon****

oops
I'm still trying to find out if a person that has received a bad conduct discharge can get a VA Loan for the purpose of obtaining a house
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Old 07-19-2013, 11:58 AM
 
1 posts, read 4,859 times
Reputation: 10
Default Need your help

I am in the same predicament as you and would like to know if you would help me get my life back on track.
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Old 07-23-2013, 05:14 PM
 
Location: Southern Oregon
2,660 posts, read 3,605,034 times
Reputation: 2619
There are two fundamental type of discharges, Punitive discharges and Administrative separations, punitive types include DD and BCD, administrative separations include all others, Honorable, General (Under Honorable Conditions) and Other than Honorable Conditions.
Punitive discharges can effect your VA benefits, however, a DD will in fact effect your VA benefits resulting in no benefits ever. A BCD discharge can effect some of your VA benefits, the VA will make that determination. You benefits are based on your last discharge or separation papers. A person may spend 15 years in Honorable service and screw up and receive a DD and all your benefits are gone.
Administrative separation discharges you will retain you benefits with the exception of the OTH, this will not disqualify from benefits, however, the VA will make the determination.

Depending on your discharge you are entitled to a military review board to review your discharge (if less than 15 years) and effect a change in the discharge if found to be "inequitable" or "improper".

Just wanted to add this: In the OP case one would have to ask if the type of discharge was "inequitable" because he had already served his first enlistment and was awarded the GCM. His charges was his first offence, it would be possible to ask for a Army review board to assess his discharge and have it upgraded.

Last edited by Terryj; 07-23-2013 at 05:27 PM.. Reason: addition
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Old 07-23-2013, 06:47 PM
 
18,856 posts, read 27,734,508 times
Reputation: 25702
Incorrect. Which is why anyone with a question regarding benefits needs to go to the VA. Things change constantly, the VA is run on administrative law, which changes, based on congressional initiatives.

What was correct last year, could be different this year. What your buddy got, could be completely different than what you get, based on categories and eligibility, which, constantly change.
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Old 07-28-2013, 05:07 PM
 
1 posts, read 4,774 times
Reputation: 10
I've been trying for over 5 years to get my BCD upgraded or changed. Does anyone have any suggestions or advice for me?
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Old 08-19-2013, 02:37 AM
 
Location: Virginia
18 posts, read 177,534 times
Reputation: 72
Have you ever been to the VA?

The backlog of requests for them right now is a year+ at the least.

And as long as Obama holds office and keeps pushing the budget cuts, it will only get worse...
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