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Old 03-21-2012, 01:09 PM
 
1,725 posts, read 1,974,822 times
Reputation: 699

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Quote:
Originally Posted by AJBarney View Post
A felony conviction is more than a 'mistake.' It's easy to be generous when you don't have a stake in the outcome.

But, thanks for the editorial, although it doesn't address his actual inquiry at all.
Glad I could help need anything else?
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Old 03-26-2012, 09:37 PM
 
1 posts, read 7,292 times
Reputation: 10
Default VA Loan

I received a BCD in 1998 for drug related reasons. Being 21 years old I was young and dumb. I went to a Special Court Martial and was given my bcd with reduction in grade and no pay with confinement. Once out officially, I pretty much hid from the fact of getting my BCD. However, I always told the truth and listed it on my resume that I was in. after reading this forum, I feel I may have some hope in acquiring some of my benefits back. Its been almost 15 years since my discharge. I recently applied for a VA loan for the heck of it. I'm waiting for the cert to come back Deeming me eligible. If anyone has any advice I would love to know where to start and what I may be eligible for. Any contacts specifically? I live in Michigan and if there are any others out there reach out. Thanks.
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Old 03-26-2012, 10:44 PM
 
43,178 posts, read 47,049,205 times
Reputation: 13673
Quote:
Originally Posted by badconductdischarge View Post
As my username states. I received a bad conduct discharge from the army in 2008.

Moderator cut: There is normally no need to copy an entire post

My main question on my part is:
1-I want to restore my gun rights. How?
2-I want to have my VA medical benefits. How?
3-I want to upgrade my Bad Conduct Discharge. How?

please help.
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.

Last edited by Poncho_NM; 03-26-2012 at 10:52 PM..
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Old 08-15-2012, 09:29 PM
 
2 posts, read 11,259 times
Reputation: 17
Quote:
Originally Posted by badconductdischarge View Post
As my username states. I received a bad conduct discharge from the army in 2008.

I have held very great jobs since my release from confinement. I have worked Loss Prevention. I have conducted the supervision of State defendants court ordered to be on electronic ankle monitoring.

I now attend a "sub class" of Law Enforcement. Details i will not disclose here. So don't ask

My charges were:
Larceny of Government Property
Sale of .....
Attempt to sale of .....

I received with a plea agreement held under a General Court Martial:
12 months confinement
Reduction of Rank to E-1
Forfeiture of all pay and allowances
Bad Conduct Discharge

!!!!NOW!!! since my release. I have fought for my GI Bill and after 12 denial letters from the VA. I was approved to receive 100% full GI Bill benefits.
Note: That the requirement for GI BILL benefits is to have 90 days of honorable active duty service. Since I received a Good Conduct Medal which is 3 years of honorable service. and that I re-enlisted at my 2 year mark. I was approved. They tried to shoot me down. But when I hinted that I will file a lawsuit for breach of contract. The jumped at approving the GI BILL.

Now I'm just beginning my fight with the VA to have my medical benefits. My battle will be the same since their requirements are basically the same thing. I do for now have the VA's five year medical benifits for combat veterans. But I was shot while in the army and need additional surgery's to repair the damage.

For all of you out there that think all because you have a discharge that isn't an Honorable. Look at your records. Look at your records. Look at your records.

Scan over your original military contract. In it you will find the exact requirements that you and the VA agreed on at the time. It doesn't matter what their requirements are right now. They MUUUUUST uphold the contract you held when you enlisted. If you re-enlisted then you are golden. If you have any Good Conduct Medals, then you are golden. If you deployed to combat, then you should have five year "combat veteran preference"

I am in the beginning of have my Discharge upgraded.

I contacted the BATF "ATF" yesterday. And ran my entire case by their agent. He and I quote his words not mine. "well, since you were tried under the UCMJ and not a state or federal court. Then your charges were not against the united states but the military." "the term in the Gun Control Act of 1968 that talks about were you charged of under indictment of a crime punishable by more than one year actually only applies to violent crimes and crimes against a person." "since your charges were only theft related. It was against property and not against a person." "so from the ATF regulations point of view, your fine to have a weapon." "just to play it safe, go grab a records check from the state troopers and if it says your good then your good." "I've been in the ATF for 18 years and have ran thousands of background checks and never not even once had a military record show up." "even when we request for a suspects military records, it takes tons of letters, memorandums, and takes weeks or months to get a copy."

These are the words of a near retirement ATF agent.

So again, when you get out. DO NOT hang your head low and think all is lost. For those Dishonorably Discharged. I'm sorry but the BS you'll find on Google will tell you that your SOL. NOT TRUE.
You can also have some but not all benefits. You will never get medical but try for the GI BILL.

I'm also looking into having my "civil rights" restored. Also called "Restoration of Rights". City and State convicted Felons apply to their individual state. I'm unsure about military convictions tho. But basically when you restore your civil rights. You are regaining you 1-right to vote and 2-right to bear arms.
If anyone else has any advise they could share with me it would be outstanding. If you need assistance with anything I have achieved just ask.


My main question on my part is:
1-I want to restore my gun rights. How?
2-I want to have my VA medical benefits. How?
3-I want to upgrade my Bad Conduct Discharge. How?

please help.
Hey there, I am now going thru the same ordeal... I received a BCD thru a General Court Martial. I since joined the American Legion for help due to me having PTSD prior to getting court martial. The guidelines does say that a BCD bars you from benefits but if you had any prior condition while in service then yes you are eligible for service connected disabililty, etc. Keep fighting it... Get help from the DOV or the American legion.... Fight till the end.
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Old 09-01-2012, 01:31 PM
 
1 posts, read 6,984 times
Reputation: 11
my husband has 2 discharge, one honorable and one BCD on his last enlistment.He was turned down for the VRAP program.
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Old 09-04-2012, 04:52 AM
 
Location: Pittsburgh, USA
3,134 posts, read 5,802,082 times
Reputation: 1033
A friend got his BCD changed to General and then qualified for benefits. That was Vietnam era so I don't know about now.
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Old 09-05-2012, 08:51 AM
 
Location: NY
6,343 posts, read 5,556,613 times
Reputation: 6984
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.
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Old 09-06-2012, 12:59 PM
 
Location: Closer than you think!
1,708 posts, read 1,678,193 times
Reputation: 1071
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.
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Old 09-06-2012, 01:56 PM
 
Location: New Mexico U.S.A.
17,641 posts, read 19,027,454 times
Reputation: 20273
Quote:
Originally Posted by Checkered24 View Post
GI Bill does require an Honorable discharge. That doesn't mean a final discharge must be honorable.
I am not sure that is correct. Can you provide a verifiable reference for that?
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Old 09-06-2012, 02:31 PM
 
18,868 posts, read 15,987,943 times
Reputation: 24933
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.
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