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Provision to help veterans who may have been erroneously given a less than honorable discharge from the military

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CaravanDan

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http://www.peters.senate.gov/newsroom/press-releases/peters-daines-tillis-and-gillibrand-fairness-for-veterans-provision-to-be-signed-into-law

This is great news--But--I believe more could or should be done for Veterans that are severely service connected disabled to get their Compensation while awaiting the BCMR & That would be for the VA Regional Offices to do a NEW “character of service determination.” with the PTSD and or TBI diagnosis and Sexual abuse & Trauma..

Edited by CaravanDan
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  • HadIt.com Elder

Buck

 

                   You will have to appeal to BCMR for the Army.  If it has been longer than 15 years since your discharge they do not have to even consider your appeal.   They might if it does not cost them a single dime.  I asked for a pension about 15 years ago and this was to the BCMR.   They laughed at me and told me I better get a lawyer because the facts as they were when I was discharged are the absolute truth as far as they are concerned and I would have to prove otherwise according to their rules witch I did not fully understand.   I thought if the Army had made a gross mistake then justice might prevail.   I was wrong about that.  I did talk to a lawyer about it and he told me it would cost about $20,000 just to get it going.   You have to pay for representation in these sorts of matters.   DAV and all those guys are totally useless.

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  • HadIt.com Elder

John I have my Honorable Discharge   Its my DD-214 I want corrected.

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  • HadIt.com Elder

Buck

 

                  You must use BCMR for that, my friend.   They handle cases that are more than 3 years old meaning 3 years after discharge.   There was a guy here on Hadit who not only beat BCMR but got a medical pension to boot.  What on your DD-214 do you want corrected?  It will become your DD-215 if they agree to make corrections.  After 15 years you will need to show it is a really horrible injustice or for good of the service.   The BCMR is not friendly to vets and that is who you must appeal to in order to get awards or anything else that is not on your original DD-214.   I been there and tried to do that.  Is it some sort of gross injustice.  I have been trying to get my father's discharge changed from WW11 to indicate medals he should have gotten being member of 320th Glider Artillery who spent his time doing fire control for big US guns about 1000 yards from German front lines and getting shelled for weeks.  So far it has been 8 months without a word.  My great, great grandfather got a pension from the state of Georgia as a disabled confederate solider faster than BCMR works.  They told me my grandfather was never in the Army and I had his discharge papers and enlistment papers right in front of me.

 

                  John

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Two points,

First,  I believe to correct either your 214 or your Discharge you would use the BCMR.  And there is a cutoff of how long they will go back.  In both my cases before them, (both denied) they made an exception and waived the cutoff.  In both my cases, I had compeling evidence, but because they were related to my time in the National Guard, they stated that local govenments (State Departments of Military Affairs) do and did overide there decisions.

Second,  I must have researched upwards of 2 to 3 hundred cases in the archieves, and there was about 1 out of 10 wins to loss ratio.  Very hard to win.  And there was absolutely no wins for any discharges related to positive drug tests.  And most of the cases where that.  "I tested positive and was discharged but am a good person", etc.  Some of the case I read, the applicant did not even state his/her case, just wanted thier discharge changed, again for a positive test.   Also, a lot of the wins were where the Military made a gross mistake and then you would find a bunch of Veterans making the same claim and winning with the same evidence, usually a administrative error for calculating years of service for ROTC or something simular, etc.

Anyway, in my experience, hard to win,

Hamslice

P.S. Buck, both my cases took about 7 months start to finish, so at two years, I think they might be working yours, I hope that is the case and good luck.

 

 

 

 

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  • HadIt.com Elder

Well the service dates are wrong on my 214 from Vietnam, my extended tour from Nam is not on there, they have me 1 year of service and it should be 18 months.

I served In Germany  and my military service is not on my 214...I was in Germany for 11 months....but no records what so ever from Germany..medical or service records  and over there I went to the dispensary a lot during he cold months over there  with head colds flu ect,,ect,,  there should be medical records of that.

I have nothing to prove I was over there  just memories,  my unit and place I was at   it was Tompkins Barracks Schwetzingen Germany   about 30 clicks for Heidelberg Germany.

I was  working part time when off duty at the EM CLUB across the street entrance of the compound....I was a Bar Back & Bouncer at the club.

 Hadit member James Cripps had been to Tompkins barracks schwetzingen Germany to buy beer for poker party's (I never met him) I was there in 1969/70 not sure when he was there?

 I work mostly on Friday and Sat Nights and Wed nights from 6:00 until closed...I loved working there  everyone got a long great  if soldiers had  to much to drink and got rowdy  we ask his buddys to get him back to the barracks  and usually they did.

seems I left a paycheck over there too.  eh!

but they closed down Tompkins Barracks and the U.S. Gov gave it back to the Germans...Military I think?

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  • HadIt.com Elder

Hamslice 

I sure hope so my friend.

btw this is not for  claim purposes 

I wrote the director of Army Review Boards and I ask him to just close out my request  if I can't come up with  the records where I served  unless  if in fact  maybe your office can come up with my records that show you I been telling you the truth all along   and if your office can help me out I would appreciate it.  I sent in all I had and all NRPC St Louis  would send me after 3 times.

I ain't heard a word  From ARB after I was denied or this last letter.

 I just want it corrected before I die  for family bloodline if nothing else...and the truth of my military service and where I was and for how long so just basically I want it to be right.

I never notice the dates were wrong on my DD 214 until I applied for my claims.

1998.2002.2015. 2016

My Honorable discharge is ok... I have that Baby framed.

John 999 if it cost 20.000 they can forget it.  its not that important but I  just wanted it to be corrected and the right dates and places shown where I served while in the US.Army.

This has been 47 years ago my friends.

Edited by Buck52
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