ptsd Iraq Veteran

[Guest terrysturgis]

During my visit to the dentist yesterday I noticed a picture of a soldier on the wall. It was the son of the dental assistant. I asked her what his MOS was. She did not know what that meant, then I said what was his occupation in the Army. Infantry. I asked her if he served overseas. That's when she opened up.

He served 8 months in Iraq as an Infantry soldier. Came home for a two week leave and went Awol for 30 days. We all know that's a bad decision. He served some jail time and his attorney has bargained for a Bad Conduct Discharge. In the discharge process he has been diagnosed with PTSD and ADD. He has been advised that if he accepts the BCD that after waiting 30 days he can go to the VA, get the BCD upgraded to honorable and receive care for the PTSD.

My question to the board has anyone heard of a 30 day wait and automatic upgrade to honorable? Thanks. Terry

[Testvet]

no and there is no automatic upgrade at the best he can hope for is a upgrade to a General Discharge and that is at best years from now not in a month I knew one of the My Lai 2Lts it took him 25 years to get his BCD raised to a General and now eligible to get VA medical care missing movement is bad news but taking the BCD on this advice is even worse he might be better off to see if he can do his time and stay on active duty and soldier his way thru it there are no freebies especially even in war time

his lawyer did not "bargain for a BCD" the Army is giving it to him because he went AWOL to avoid combat or desertion to avoid movement one of the worst crimes in the military a BCD is what they normally do to a soldier the lawyer did not "do" anything to help him get out and is lying about a upgrade to honorable he will never get an honorable under these circumstances the best is a General lying gd lawyers

Edited March 25, 2010 by Testvet

[carlie]

Ditto on tests post.

[john999]

I got a general under honorable discharge. I went to a hearing and I can tell you that if I had not had good representation I would have been hard pressed to get the upgrade to honorable. My crummy judge advocate lawyer told me to take the general discharge. Considering he should have fought for a medical discharge I was poorly represented. To accept a BCD is crazy. Does the Army propose a dishonorable discharge instead of a BCD. The lawyer probably just wants the case off his hands and is quite willing to sell the soldier down the river and get his fee. A BCD is poison and there is no automatic upgrade. For a soldier with PTSD there must be a better option than a BCD. This is the army trying its best to limit its liability. What kind of lawyer would bargain for a BCD unless the soldier was facing lots more time in jail? Tell the mother to help her son get a new lawyer.

[Pete53]

I think that that offer would need to be in writing from someone who could be considered official.

[Bonzai]

I remember hearing that it was a two year wait before someone could apply for a change to their military discharge, but I was wrong

Here is a link on how to get it done: Change Military Discharge

Hope this helps,

Louis

However, I agree with Testvet, because it doesn't get any worse than a BCD. This needs to be acted on fast, or it may even be too late.

[Wings]

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Contact Lawyers for Warriors http://lawyersforwarriors.blogspot.com/200...l-services.html

First things First ... ~Wings

1. The veteran needs to apply for VA Health Care using VA Form 10-10EZ Application for health benefits.

2. From there, the VA will adjudicate his "character of discharge" under 38 CFR 3.12.

VA Health Care Benefits:

If an individual presents or makes an application for VA health care benefits and has an "other than honorable" or "bad conduct" discharge, eligibility staff may register the individual and place in a Pending Verification Status. A request for an administrative decision regarding the character of service for VA health care purposes must be made to the local VA Regional Office (VARO). This request may be submitted using a VA Form 7131, Exchange of Beneficiary Information and Request for Administrative and Adjudicative Action. In making determinations of health care eligibility the same criteria will be used as are now applicable to determinations of service connection when there is no character of discharge bar.

3. An Application can be made to the Army Discharge Review Board. The veteran must convince the Board that their discharge reason or characterization was "inequitable" or "improper." PTSD (properly diagnosed and documented) may or may not factor as a mitigating circumstance.

4. The National Veterans Legal Services Project has published a valuable sellf help guide to Discharge Upgrading http://openlibrary.org/b/OL11541686M/The_V...harge_Upgrading

5. CONTACT Lawyers Serving Warriors A project of the National Veterans Legal Services Program (NVLSP) providing free legal representation in disability, discharge and veterans benefits cases to service members and veterans who served in Operation Iraqi Freedom (OIF) or Operation Enduring Freedom (OEF). http://lawyersforwarriors.blogspot.com/200...l-services.html