F.Mark

Thanks and yes that post was started by me years ago. Since that post i did the following: Have a discharge appeal (in person appeal to ask for my discharge to be upgraded from OTH to Honorable) under the grounds that my actions were not willful. I was denied (cant find paperwork now - wonder if i can look it up electronically). This was done by myself and no outside help. Since this i've discovered that i should reapply for this discharge appeal because i was being marked absence from drill for months past my active drilling period, and this could possibly add to the decision at that time. On a second front, i did appeal the VA disability boards decision (shown above in the picture and highlighted in yellow) in part based off the post below stating an OTH is not necessarily grounds for benefit denial and up to the rater. "An OTH discharge is not the same as a dishonorable character. The 5 types of discharges, from best to worst are: Honorable, General, OTH, Bad Conduct, and Dishonorable. A dishonorable discharge is an automatic benefit bar, an OTH discharge is usually a bar but can be allowed at the discretion of the rater. I don't think you have grounds for a NOD, because award with an OTH is at the rater's discretion. You would need a very good explanation of the circumstances of your OTH and why it should not be used against you. Buddy statements, personnel, medical, psychiatric treatment records following the rollover accident, any extenuating circumstances that might help explain your missed drills. It's not easy to do, you would want to take a lot of time building your case and I wish you luck. If you think you can build a strong case in your defense within a year, present it as a request for reconsideration." In conclusion, my VA benefits appeal is televised and i will try to make a compelling case showing: 1- why i missed drills due to injury 2-Highlight the majority of missed drills as documented in my SRB were for dates outside my contractual active drilling dates. In other words, i was held on active drilling status, and then reprimanded for missing those drills, which contributed to the OTH separation. Is there anything i should highlight for the appeal? Thanks again!

Iceturkee- thanks and not reenlisting. Berta - my appeal is next week (finally 4+ years) and i do have serveral instances of going to sick call on subsequent drills but what other proof could i provide? And, yes i can scan and upload here shortly. I love to think there is a slim chance the appeal board will take into account all my honorable drills up until the last 3 months, especially since the accident, and subsequnt surgeries are are well documentated as the cause of this roll over accident. Was even awardes multiple awards following the accident just really loat focus in the last year of drill Absolutely my fault. Pleaae stand by for traffic.

No, Charter is Under Other than Honorable , separation code HSK1 - failure to Participate. I did go for discharge upgrade based on "not willful" and injury was in part the reason for missing drills. Although, i am thinking of reapplying because my reserve unit kept me on active Dillinger status though January 1996 when i was due to enter IRR in August 95. So there is literally 5 SRB entries past my IRR date all stating i missed drills. I had missed two early 1995, but up to that point i was still in good drilling status. With the 5 SRB entries past 28AUG95 i was processed for discharge. Maybe that's enough to re-apply for an appeal to update discharge?

Fellow Warriors, I was a reservist where i attended bootcamp and school (then transferred to reserves with an Honorable DD214) '89-'90, called to active duty for Desert Shield and deactivated with another honorable DD214 ('90/91) and entered active drilling status. During my 2 week active duty in 1993 i was in a HWMMV that rolled over and had subsequent back surgery/injuries. During monthly drills in 92/93 i was at sick call, with documentation, etc. in 94 i started missing drills and was discharged in 1995 with an admin separation OTH (for missing drills). My initial claim for this back injury was denied due to Character of Service (so service time from 91-95 was not honorable). I am due for an appeal next week, and want to know if i have a shot at getting some VA benefits for this even though my discharge was not Honorable even though the documented injury occurred on active duty training.