Its Difficult But Not Impossible To Get Your Bad Paper Discharge Upgraded To Honorable Or Get The Reasons For Your Discharge Changed
Some veterans want their discharge changed even if they remain eligible for many VA benefits, because they feel it dishonors the service they provided to their country. Other veterans want their discharge changed because they feel that after serving their country it is grossly unfair that they are denied VA benefits.
There are two different types of military boards that can review your discharge papers. One is the Discharge Review Board , which will be discussed in this article. The other is the Board of Correction for Military Records . Each board has different authority, which is important to understand so you will know where to apply.
It can be very difficult to get a discharge upgrade, even with the information in this article, so it is advisable to retain an attorney after you learn about the basics.
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Another option for health care coverage is the Health Insurance Marketplace. The Patient Protection and Affordable Care Act requires most Americans have minimum essential health care coverage, or pay a tax penalty for each month that you and the other individuals listed on your tax form do not have coverage.
See our Transitional Health Care Programs page for more details.
Some Of The Offenses That Result In A Bad Conduct Discharge Could Be:
- Being drunk on duty,
Chapter 5, AR 635-200 there are occasions where a service member will be discharged from service under one of the following:
- Involuntary Separation Due to Parenthood Couples where both individuals serve are required to create a family care plan. If family responsibilities conflict with fulfilling military duties a soldier may be discharged if a proper plan cannot be established. Those receiving a Chapter 5.8 may be awarded a honorable or general discharge.
- Personality Disorder A service member that is significantly impaired by a personality disorder, diagnosed by either a licensed psychologist or physician trained in psychology, may be discharged. The personality disorder has to impair their ability to function in the military environment.
- Other Designated Physical or Mental Conditions If a service member has a physical or mental condition that impacts their ability to perform their assigned tasks or could put others at risk. They may be discharged if another reasonable accommodation cannot be made.
- Examples include sleepwalking, seasickness, claustrophobia, etc. Those receiving a Chapter 5.8 may be awarded a honorable or general discharge.
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What Type Of Veterans Benefits Am I Entitled To With A General Medical Discharge
Certain VA benefits and other military entitlements require certain types of discharges. If you received a medical discharge under honorable conditions, including a general discharge, youre entitled to nearly all of your VA benefits. You may also qualify for VA disability compensation if you were injured while serving, or a condition you had was made worse while serving in the military.
Here are just a few of the VA benefits you may be entitled to:
· VA Disability Compensation A monthly tax-free payment if you got sick or were injured while serving in the military You may qualify for VA disability benefits for physical or mental health conditions that developed before, during, or after your military service.
Correcting Military Service Records
The National Archives and Records Administration cannot make changes or corrections to military records or to your discharge status other than to make minor administrative corrections to fix some typographical errors.
You will need to apply to the review board for your respective service branch for corrections or changes. Instructions on what to submit for each are listed below.
The following information is from the Department of Veteran’s Affairs Guide to Federal Benefits for Veterans and Dependents and is provided as a courtesy. We encourage you to check directly with the VA for updates or changes:
- Military Service Record Submit DD Form 149, Application for Correction of Military Records to the relevant service branch.
- Please Note: The form is expired at the time of posting, we are awaiting update from the DoD Forms Manager. In the interim, this form can be used until a new version is released.
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How Do You Get An Entry
An entry-level separation happens when youre not conforming to military norms, or adapting to military training programs.
Examples include:
- Not meeting the physical fitness requirements
- Not showing any effort to complete the training
- Failing to progress sufficiently
- Having a hard time adapting to military life
This type of military discharge is suitable for those that believe joining the military as a mistake, and want out.
What Are The Benefits Of An Honorable Discharge
Those who separate or retire under an honorable discharge will receive all of the benefits available to veterans.
Depending on their length of service, this can include retirement pay, GI bill benefits, medical and dental coverage, and home loan assistance.
Other benefits include disability compensation , employment assistance, and federal hiring preferences.
There are also numerous private organizations that offer assistance to veterans with an honorable discharge.
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Is It Hard To Get An Honorable Discharge
It’s difficult, but not impossible , to get your bad paper discharge upgraded to honorable or get the reasons for your discharge changed. Some veterans want their discharge changed even if they remain eligible for many VA benefits, because they feel it dishonors the service they provided to their country.
When Is A Medical Discharge Considered Honorable
Typically, a medical discharge is considered a general discharge under honorable conditions. The severity of the condition and the circumstances under which it began can impact the characterization of the discharge. If you receive a general type of discharge, you can still be eligible for most entitlements given to veterans.
A Medical Review Board will determine whether you should be separated from the military, the type of discharge that is warranted, and other appropriate courses of action. It is important to note that medical discharges are not viewed as negative and shouldnt interfere with your eligibility for benefits.
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View And Download Personal Health Information With The Health Record Button
You can view and download personal health information from your DoD electronic health record if:
- You get care at military hospitals and clinics
- You’re a registered user on the TOL Patient Portal or the MHS GENESIS Patient Portal
To see your personal health information on the TOL Patient Portal:
Login to the TOL Patient PortalClick the Health Record button View, save your personal health data
Personal health information may include your lab results, allergy profile, medication profile, problem lists and office visit information. > > Learn More
Premium Access is required to view the health record. > > Learn More
Medical Separation Without Severance Or Benefits
If you are medically separated due to preexisting disabilities, you typically won’t receive severance payment if your injury or disability is determined to be unrelated or not aggravated by your duty.
Keep in mind that medically-separated service members are unlikely to receive any severance pay if their disabilities occurred while they were absent without leave or because they were conducting themselves in a negligent manner.
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What Are The Consequences Of A Medical Separation
Unlike the other types of military discharge in this article, the ramifications of a medical separation differ wildly.
You could either be retired from the military with full benefits and pension, or you could lose any and all privileges.
OMK will be posting an article on medical separation in the military, and will post a link to that article here soon.
So stay tuned!
What Will The Hearing Be Like
A hearing will often last about an hour, but possibly longer. Usually the Discharge Review Board consists of five officers and other senior members of the active military. You have a choice about whether to testify or not. If you testify under oath, the members of the board can ask you questions. Some vets prefer to make a statement to avoid this.
Each person gets one vote, and you will be awarded a discharge upgrade if the majority of the board members cast a vote in your favor.
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Can You Ask To Be Medically Discharged
You can ask to be medically discharged, but the military may refuse the request. Some conditions that are eligible to be discharged are listed in the Summary of Medical Examining Procedures. Some conditions not listed there may also be accepted. To start with, you need to know whether you are fit for military service. With the current health care situation, there is pressure on the military to be selective about who joins. So, if you are unfit for military service, then you should ask to be discharged..
Can You Get Discharged From The Military For Depression
__% of the U.S. Armed Forces members said being in the military worsened their mental health. The bottom line is, sometimes people just cant hack it in the military. If you have a history of depression or anxiety, then the military is probably not for you. Not everyone can handle the stresses of military life. You may want to seek treatment for any mental illness you have before you enlist in the military..
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How Do You Get A Separation For Convenience Of The Government
While there are many reasons why you could receive this type of discharge, the most common are the following:
- Involuntary separation due to parenthood
- Diagnosis of a Personality disorder
- Other designated physical or mental conditions
For Involuntary separation due to parenthood, it basically means that the serviceperson cannot complete their duties due to family responsibilities.
Diagnosis of a personality disorder happens when a serviceperson develops a mental disorder while serving in the military.
An example of this would be a serviceperson developing paranoia or schizophrenia sometime during their service.
Other designated physical or mental conditions is a broad characterization.
Essentially, it means that a serviceperson developed a physical or mental condition that is not technically characterized as a disorder.
An example of this would be someone in the Navy developing chronic seasickness, and unable to overcome this condition normally.
How Do I File For A Claim Before My Medical Discharge From The Military
If you have an illness or injury that you believe was caused or made worse by your active-duty service, you can file a Pre-Charge Claim for disability benefits 180 to 90 days before leaving the military. This may help speed up the claim decision process so you can get your benefits sooner. Find out how to file a claim through the Benefits Delivery at Discharge program. This site will also tell you what to do if you have less than 90 days left on active duty.
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Military Medical Discharge In England Wales And Northern Ireland
What is the procedure?
Medical discharge varies depending on the Service that you belong to. If you are, or have been injured or sick during Service, you may go before a medical board to have your medical grading assessed. Be aware that this may not necessarily lead to medical discharge.
A medical board will assess your physical and mental capacity and can make a recommendation regarding discharge. An Occupational Health team makes the final decision if a patient will be medically discharged.
What are terminal benefits?
Depending on the length of your service, your pension scheme, and the severity of your injuries, you may receive terminal benefits, a benefit paid to you upon discharge. For more information, contact the Joint Personnel Enquiry Centre on 0800 085 3600.
Can I claim further compensation?
If your injury was attributable to Service, and you are facing medical discharge, you may be entitled to claim a War Pension if the injury occurred before 6 April 2005, or Armed Forces compensation if the injury was sustained on or after 6 April 2005. Contact Veterans UK for more information.
Who can help?
The Royal British Legion can offer advice if you are facing medical discharge. They can help you understand your options and whether you should make a further claim for a War Pension or Armed Forces Compensation. Visit the Legion website to find out more.
How The Va Fits In
The VA and the DOD work hand in hand when determining a Service Members disability rating during the IDES, as the VA is the authority on disability ratings. In fact, during the IDES, the PEBs rating decision is based on the VAs rating decision.
Both the VA and the Military follow the Department of Veterans Affairs Schedule for Rating Disabilities when the PEB and VA determine a Service Member’s disability rating. However, the Militarys ratings are solely based on physical conditions or disabilities that make a Service Member unfit for duty. On the other hand, VA disability ratings encompass the broad scope of the VA Schedule for Rating Disabilities , and the VA can rate any disability related to your service.
As a result, Military and VA ratings arent always the same VA ratings are more flexible and subject to change as your disability improves or worsens.
For example, if you suffer from shin splints due to an injury sustained during your service, the Military will compensate you for that. However, if later down the line your leg needs to be amputated due to the same injury, the Militarys compensation would still be just for the shin splints which made you unfit for duty, whereas VA compensation would provide disability benefits for the lost limb.
Essentially, Military benefits and compensation are static from the time of your discharge, and VA benefits adjust in response to your disability rating over time.
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How Do I Qualify For The Gi Bill When Medically Discharged
Here’s what I found on the VA website.
To remain eligible for the GI bill when discharged early, you must meet one of these:
Discharge Review Board Hearing
On your application, you have a choice about whether to ask for a DRB hearing or ask the DRB to make a decision based on your application. If you ask the DRB to just review your records without a hearing, and they deny your application, you can then submit a request for a hearing. This gives you two chances to get a favorable decision.
Sometimes it helps to present yourself at a hearing where you may be able to establish a personal rapport with the DRB. However, hearings often take place in Washington, D.C. and you will not be reimbursed for any of your expenses.
A disability lawyer may be able to help you decide which course of action is best for you.
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Attend Your Medical Board
Attend your Medical Board, where the decision will be made about whether you will receive a discharge. A Medical Board will be automatically scheduled as long as your military doctor has assessed you as eligible for a National Guard medical discharge.
About the Author
Desdemona Delacroix has been working as a freelance author in her spare time since 2000, writing short do-it-yourself and current events articles. She holds a Bachelor of Science degree in psychology from the University of Maryland University College, and she occasionally offers tutoring services in writing to undergraduate college students.
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Eisenberg Law Is Here To Help
The IDES is a massive benefit to service members going through a very stressful time in their lives. It saves countless hours of hassle by allowing the DOD and the VA to work simultaneously, plus, it gets veterans their benefits as quickly as possible.
But for all the ways the IDES helps veterans, its not without flaws. Receiving the wrong disposition or inadequate compensation for your service can have a seriously adverse impact on your quality of life.
Fortunately, Service Members can appeal the MEB if medical conditions are or are not present that should or should not be there. You can have legal counsel help you present the legal and medical issues to the MEB. Further, Service Members can appeal the PEBs rating decision and request a Formal Physical Evaluation Board , to which you can bring legal counsel to assist with your appeal. If you believe you or a loved one have been given the incorrect disposition, contact the Law Office of Michael D.J. Eisenberg today.
As an experienced attorney and counselor at law, Michael D.J. Eisenberg has proven his skills in his practice areas focusing on Veterans Benefits Appeals and Federal Appellate law. Mr. Eisenberg can present your case with the dedication, persistence, and experience that can help you get the results you need. He’ll keep you informed and up-to-date with clear, prompt communications that keep you aware of your case’s progress, and help you understand each step and legal requirement.