Joonka,
Well, I will say that the guy with BCD who started this thread was 100% correct about "look at your records, look at your records"
I too received a BCD at a general court-martial, I never re-enlistment after my first four years instead, I extended for 12 months, the catch the VA tried to sell me was that my enlistment was for 5 years because my upfront 12 month extension before I went to boot-camp and there is no such thing, there are no five year enlistment,meaning the longest enlistment according to the law can only be for four years. The extension becomes effective on the day after original enlistment expires. In other words, at your origninal EASO, then the 12 month extension starts.
Never had any problems during my first four years, received my good conduct medal from my first four years. Extension was signed at the start of initial (first) enlistment (before I wne to Boot-camp), went to general court martial during the 12 month extension, convicted 14 months in the brig. However, when the 12 month extension became effective, the VA ruled it started a new period that was separated by the 12 month extension. so, essentially, I had two service periods although only one enlistment, with my first four years being under honorable conditions. Keep in mind my DD214 simply says BCD reason (court martial)
No where does it say, i had any honorable service, but the VA says the military made a mistake when they prepared it, it should have read 4 years of honorable service because my BCD by law could only cover the 12 month extension since my court martial happened during the extension and I had no issues during my first four years, meaning my first enlistment.
The VA awarded my COE for the VA loan and informed me i need to petition the board of corrections to modify my discharge to reflect 4 years of honorable service or they should issue me an initial honorable discharge for my first four since I was eligible for an Honorable before my extension kicked in!!!!!!!!
First as explained to me by the VA, and they even directed me to MILPERSMAN 1160-040, please look it up at:
http://www.public.navy.mil/bupers- npc/reference/milpersman/1000/1100Recruitinig/Documents/1160-040.pdf
Just google it, my court martial was in 1999, the above instructed is dated 2 sep 2010 but it has never changed , it discusses extensions in debt as it relates to enlistment etc.
I know this long winded, however, like I said, dude who started this thread was 100 percent correct!
"look at your records, look at your records"!! and for the people that said if you only extended and didn't re-enlistment so you can can't get any benefit if you end up with a BCD/Dishonorable etc they are incorrect!!!!!
if you extended you are qualify for at least your VA loan which I know becomes mine was approved yesterday!! and as a consequence you may qualify for every other benefit because you finish your initial enlistment without incident.
this important too: I FOUND OUT BECAUSE OF MY RESEARCH THERE IS A DIFFERENCE IN MEANING OF ENLISTMENT, AND ENLISTMENT CONTRACT
ENLISTMENT, is the length time you are allowed to sign up for by law, with maximum time for a standard enlistment contract by law being 4 YEARS!
Now the law allows you to agree to an extension beyond that first 4 years for what ever reason.
This only extends the time you contracted to served. IT CANNOT MAKE YOUR INITIAL FOUR YEARS ENLISTMENT LONGER, say for five years. Your initial enlistment is still for four years!
You hear all kinds of stuff, because everyone has an opinion, but when you challenge the VA based on the law they have to do the right thing as their rulings cannot be simply based on their opinion of you, but what does existing law say.
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My bad
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