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I would like your help on a bad conduct can you please email me at Ms.kathryn26@gmail.com[/quote]
Lady, if you want help trying to get a Bad Conduct Discharge overturned, you need to go through your Representative to see what the grounds were and if there is an appeal process.
I know this sounds cruel, but getting a Bad Conduct Discharge is something that takes place due to a very careful judicial process - always a courts-martial. There is an appellate system that must be sought by the one found guilty - not a family member.
@badconductdischarge: i am in the same boat as you. i have a bcd, but i also have a GCM and i've been deployed to iraq twice. i used about 12 months of my Post 9-11 GI Bill, but after i was released and received my dd214, my education benefits were cut off. i really appreciate the information in your post, but i was wondering if you would be able to show me the way to take that "first step." i know absolutely nothing about contacting the VA or fighting for my education benefits. will you help me?
I have a Dishonorable Discharge. Now I was not able to get medical benefits but was able to get GI Bill benefits. The deal is that I got the benefits from a previous Honorable discharge when I re-enlisted. That aloud me to get full GI Bill benefits.
As a member of the military, I don't think anyone should be entitled to benefits after a bad conduct discharge. When a person is dismissed from bad conduct they have broken the oath and the only thing they deserve is a plane ticket home....If that.
Amen!!!
At least someone else has the common decency to say it!
I have a Dishonorable Discharge. Now I was not able to get medical benefits but was able to get GI Bill benefits. The deal is that I got the benefits from a previous Honorable discharge when I re-enlisted. That aloud me to get full GI Bill benefits.
I remember reading you say that a Good Conduct medal also makes a difference. Ive already used about 10 months while i was still in and i just wanna finish up college so i can do something with my life. Ive deployed twice and i extended my enlistment to do the second one. Screw what everyone else thinks or says abt felons. Some people are just so close minded that its not even worth talking to them abt it. I already submitted a claim to the VA with a good argument. I really hope they approve me. :/ i know without a doubt that i deserve at least that. Everyone makes mistakes. I got out of prison unconditionally. I am a productive member of my community (more than most who don't even have a criminal record). And ive never relied on welfare or the govt to survive. I did five years in the army and i nvr reenlisted so i could go to college after i got out. But i really messed up along the way. Ill probably pay for it the rent of my life.
@badconductdischarge: i am in the same boat as you. i have a bcd, but i also have a GCM and i've been deployed to iraq twice. i used about 12 months of my Post 9-11 GI Bill, but after i was released and received my dd214, my education benefits were cut off. i really appreciate the information in your post, but i was wondering if you would be able to show me the way to take that "first step." i know absolutely nothing about contacting the VA or fighting for my education benefits. will you help me?
If this is correct, your best bet is to file for a SC disability. You get health care benefits in relation to anSC disability, irregardless of the discharge. And that includes vocational rehabilitation benefits.
If this is correct, your best bet is to file for a SC disability. You get health care benefits in relation to anSC disability, irregardless of the discharge. And that includes vocational rehabilitation benefits.
Jasper, that's not how it works, if one files for SC disability and has received a DD they have no benefits period. If it is a BCD it will depend upon the determination of the VA. If the BCD was issued through a General Court Martial then VA benefits of any kind will most likely be denied, if the discharge was through a Summary Court Martial then the VA will review the claim and then determine the eligibility and determine what benefits they are eligible for. The best course of action would be to contact an attorney that deals with Military Law.
§ 3.360 Service-connected health-care
eligibility of certain persons admin-
istratively discharged under other
than honorable condition.
(a)
General.
The health-care and re-
lated benefits authorized by chapter 17
of title 38 U.S.C. shall be provided to
certain former service persons with ad-
ministrative discharges under other
than honorable conditions for any dis-
ability incurred or aggravated during
active military, naval, or air service in
line of duty.
(b)
Discharge categorization.
With cer-
tain 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. Specifi-
cally, 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 de-
terminations 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.
[43 FR 15154, Apr. 11, 1978]
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