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Unread 03-16-2012, 07:23 PM
 
Location: Alaska
18 posts, read 56,533 times
Reputation: 53
Default Bad Conduct Discharge Benefits???

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.
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Unread 03-16-2012, 07:32 PM
 
Location: New Mexico USA
15,764 posts, read 14,731,642 times
Reputation: 15786
Quote:
Originally Posted by badconductdischarge View Post
2-I want to have my VA medical benefits. How?
please help.
From the Veterans Administration website at Federal Benefits for Veterans, Dependents and Survivors - Office of Public and Intergovernmental Affairs
Quote:
Dishonorable and bad conduct discharges issued by general courts-martial may bar VA benefits. Veterans in prison and parolees must contact a VA regional office to determine eligibility. VA benefits will not be provided to any veteran or dependent wanted for an outstanding felony warrant.
You need to contact the VA.


Rich
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Unread 03-17-2012, 03:53 PM
 
Location: Ashburn, VA
454 posts, read 539,621 times
Reputation: 319
I believe the general rule is that a year and a day of confinement is a felony equivalent. Less than that can be considered a misdemeanor. You need to get a lawyer who is experience in these matters.
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Unread 03-17-2012, 06:55 PM
 
Location: Planet Eaarth
8,961 posts, read 7,033,363 times
Reputation: 7193
Quote:
Originally Posted by looktowindward View Post
I believe the general rule is that a year and a day of confinement is a felony equivalent. Less than that can be considered a misdemeanor. You need to get a lawyer who is experience in these matters.
Sorry, to say some rights of citizenship are forfeit for life for many crimes.

Only a qualified lawyer can help you now.
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Unread 03-19-2012, 01:29 PM
 
18,871 posts, read 12,125,687 times
Reputation: 24598
Good luck, and don't hold your breath. You may be eligible for VA benefits for any Service Connected injury that you have, but it would be limited to that specific injury.
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Unread 03-19-2012, 01:53 PM
 
4,919 posts, read 8,421,994 times
Reputation: 5632
Quote:
Originally Posted by badconductdischarge View Post
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.
I'm not in the militray so can't comment on how to get benefits, but sounds like that guy was giving out some wrong info or maybe was just blowing the smoke you way to move you along and out of his hair. The United States Code Title 10, Subtitle A, Part II, Chapter 47 IS THE UCMJ so it IS a violation of fedreal law and be it a conviction in military or civilian court, it is still a fedreal violation. Why he said it won;t show up I don;t know casue when we do the most basic official us governement check every thing but a 15th Article (??) thing shows up, every court martial WILL appears just like any conviction in any civilian court will show up.

(to the others, what is "The 15th Article" and why don;t they show up?)
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Unread 03-19-2012, 02:47 PM
 
2,075 posts, read 1,366,152 times
Reputation: 2669
Article 15 is an administrative judgement that does not require General Court Martial authority. Similar to misdemeanor type stuff.

I can see why the OP could eventually get GI Bill educational benefits and maybe VA medical benefits for the injuries sustained; but I am doubtful that other full benefits could be reinstated. But he seems persistent and it may go his way.
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Unread 03-20-2012, 08:39 AM
 
1,496 posts, read 1,426,148 times
Reputation: 591
Quote:
Originally Posted by theoldnorthstate View Post
Article 15 is an administrative judgement that does not require General Court Martial authority. Similar to misdemeanor type stuff.

I can see why the OP could eventually get GI Bill educational benefits and maybe VA medical benefits for the injuries sustained; but I am doubtful that other full benefits could be reinstated. But he seems persistent and it may go his way.
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.
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Unread 03-20-2012, 09:02 AM
 
Location: New Mexico USA
15,764 posts, read 14,731,642 times
Reputation: 15786
Normally, an HONORABLE discharge is required to be eligible for the Post-9/11 GI Bill. However the following types of discharge may also qualify you for the Post-9/11 GI BIll:
  • a medical condition which preexisted service and is not service-connected
  • a hardship
  • a physical or mental condidtion not characterized as a disability and did not result from willful misconduct but did interfere with the performance of duty


Reference: https://gibill.custhelp.com/app/answ...eXNuNnN6VGs%3D


Rich
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Unread 03-20-2012, 09:39 AM
 
Location: Petticoat Junction
931 posts, read 632,758 times
Reputation: 1427
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.
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.
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