Waiting And Nervous

[CaravanDan]

Since the last time I looked for help here w/no success--I searched the Internet and finally came up with someone willing to help,I found out that my claim that I filed a few years ago for Guillain Barre Syndrome and was given Medical only by the VA-- should have been Rated and triggered a VA Reconsideration to determine if my discharge was under Other Than Dishonorable conditions. For some reason they didn't do this........... Thanks Dan

Edited April 18, 2016 by CaravanDan

[CaravanDan]

Thank you all for your incouragement,

Take care all.

Edited April 18, 2016 by CaravanDan

[Berta]

I apologize to anyone who read my earlier reply here as I have deleted it , after going over many past posts here on this matter at hadit as well as doing a complete review of some established VA case law (38 U.S.C.A. §§ 101(2), 5107, 5303 (West 2002 &

Supp. 2009); 38 C.F.R. §§ 3.1, 3.12 (2009).

and I find now I have no comment, idea, or reply that could help this veteran.

The idea I posted earlier will not work.

Hopefully someone else will reply.

I see no evidence here that Dan has ever applied to the BCMR (Board of Corrections for Military Records)(for discharges over 17 years old) or to the DRB for correction of his discharge (for applicants with less then 15 years after discharge)which would produce a possible correction of discharge result that would be binding on the VA. In this letter he mentioned it indicates the VA has already made a character of discharge determination.

I hoe they sent him appeal rights when he got that COD letter.

Edited July 16, 2012 by Berta

[Pete53]

I wonder if the President can pardon a felon why not a Veteran with bad paper?

[Bigred122]

I wonder if the President can pardon a felon why not a Veteran with bad paper?

Use to be one could have their dishonorable upgraded to a General if they kept their nose clean and stayed out of trouble for a certain number of years.But if the Vet,has been in jail or has gotten a arrest record since discharge, they are out of luck.But that was 40 years ago and alot has changed since then.The President or Congress can make anything happen if they CHOOSE to!! Congress just adds the request to a BILL that will pass and the President just decrees it to happen. Most of the time it happens after we the Vet have been gone for 50 years and it was requested by our RICH/Politically connected family members.(it is better PR if we are dead) Mike

[bluenote]

It may be helpful to post the underlying charges related to your Chapter 10 (discharge in lieu of court-martial). The document you scanned will have the alleged charges in the three or four pages prior to the one scanned. If it was for AWOL, the charge sheet will allege over 180 days as a sentence aggravator. If charged as desertion, I believe there is a statutory bar to benefits. If the AWOL was over 180 days there is a separate analysis for compelling reasons why you were AWOL. FYI, Fort Dix is not normally an active-duty assignment so pretty rare to have adminstrative discharges for active-duty soldiers occurring under that command.

[CaravanDan]

On ‎7‎/‎16‎/‎2012 at 11:25 AM, Berta said:

I apologize to anyone who read my earlier reply here as I have deleted it , after going over many past posts here on this matter at hadit as well as doing a complete review of some established VA case law (38 U.S.C.A. §§ 101(2), 5107, 5303 (West 2002 &

Supp. 2009); 38 C.F.R. §§ 3.1, 3.12 (2009).

 

 

 

 

 

 

Thank you all for your Help!!!

Edited April 18, 2016 by CaravanDan