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About d1ray

  • Rank
    E-3 Seaman
  • Birthday 07/21/1949

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  • Service Connected Disability
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  1. The above is a proposed rule change by the VA. The actual document can be found here https://beta.regulations.gov/document/VA-2020-VBA-0018-0001 When these changes are 'Proposed', does it mean there will be a change of some sort? What is the general progression and how long could it take? Proposed Rule - Update and Clarify Regulatory Bars to Benefits Based on Character of Discharge.pdf
  2. On the July 16th, I had a hearing before a Veterans Law Judge regarding my character of discharge. My appeal is based on a PTSD diagnosis due to MST and insanity at the time of discharge. My stressor in my medical record is treatment for an STD. I was in possession of heroin and marijuana after there was a controlled buy arranged aboard ship. I was given a Special Court Martial (reduction in rank and a fine of $100/mo for 4 months). My discharge was Undesirable for drug use and was a result of an Administrative Decision while on the line Vietnam. Immediately following the administrative
  3. This stems from the Civ. No.: 3:11-cv-00641 (AWT) that was filed by John Sheperd Jr. This how the article reads on ABC news; The U.S. military has failed to upgrade the discharges of Vietnam veterans who developed post-traumatic stress disorder, resulting in stigma and loss of benefits, according to a federal lawsuit filed Monday. Five Vietnam veterans and three veterans organizations are suing the Army, the Navy and the Air Force in Connecticut. The veterans say they suffered PTSD before it was recognized and were discharged under other-than-honorable conditions that made them ine
  4. Thanks for all the input! I finaly got a copy of my file and reviewed the information therein. JT24usn is correct when he states "Well technically you didn't fulfill your first enlistment because your issues started before the true separation date of when the first enlistment would have been complete. 1/30/74 (four years). This means that your whole enlistment would be inclusive as OTH and a bar to benefits but eligible for any healthcare benefits/treatments deemed to be sc. You would be held out under 38 cfr 3.12d(4). Willful an persistent." That is exactly how my Administrative Decisions
  5. I have applied for a VA home loan and got it back in 1986 but it looks like the requirements are different and they allow for a home loan even though I have an undesirable. If there was a cod made at that time, I never got any information as to what that decision was.
  6. Then, how would I know if my dischsrge was "A discharge because of a minor offense will not, however, be considered willful and persistent misconduct if service was otherwise honest, faithful and meritorious." since I do have an Honorable that covers 02/03/1970-01/26/1973? The OTH covered the period following of 01/27/1973-07/13/1973 during which I had a general court martial followed by a captain's mass. Also, please explain the cross references regarding minimum active duty service requirement and section 3.12a. This confuses me.
  7. I have requested copies of my court martial, captain's mass and the administrative review board. I do not expect to get anything about the captain's mass since that information is kept for only 2 years. In 1995, I would have filed a claim but was denied service based on the OTH. My job with the section of the VA which I was employeed sent me there for evaluation which never happened. I again tried in 2003 and was sent a one paragraph stating I was ineligible for VA services (seems to refer to a previous decision). I do not see a link to attach my document but, I will if that link is ident
  8. The sentence "A discharge under honorable conditions is binding on the Department of Veterans Affairs as to character of discharge." Indicates to me that that discharge is of a character that does not constitute a bar to benefits. The subsequent period of serviice could be in question and as a result be a bar but that was a period of less than 6 months. Of that 6 month period, I spent 60 days in the brig. My PTSD stressors all occurred prior to that period, the period for which the Honorable was issued.
  9. I am unable to open the above thread due to an error of some kind.
  10. My original enlistment was for 4 years. I was 3 years into the original enlistment when I re-enlisted. I did however server for more than the minimum period of service by some standards.
  11. Yes!!! I have lots of documentation back to 1995 of all of the denials.
  12. I am a Vietnam Veteran and served in the Navy from 1970 - 1973. In 1970 the CNO was Admiral Elmo Zumwalt. He initiated many sweeping changes in the Navy by issueing 121 directives known as "Z Grams". In 1974, upon leaving office, many had become policy and so he cancel the Z Grams. Now they virtually impossible to find in their entirity. I am especially interested in Z Grams 94, 105 and 119 because of the importance the could have in getting a discharge upgraded. Where can they be found and why were they not followed by commands in Vietnam?
  13. I am a Vietnam Veteran. I was referred to the site by my son-in-law's brother. I got interested in the sight because of the circumstance I find myself in and the volume of forums that address similiar situations. After serving three years on a four year enlistment, I re-enlisted in the waters of Vietnam. For that period of service, I received an Honorable discharge on 26 Jan 73 with a DD-214 showing this. My new enlistment, under the SCORE program started 27 Jan 73. Six months later, I was discharged with an Undesirable (OTH). I have tried many times to get this corrected without success
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