Need Advise On What To Do

[landend]

Need some advice, Going to just state the facts with no elaboration from me.Please comment on What I need to do

. Joined army Aug 1972 (17 years old)

5th week of basic MST

Suicide attempt 2 days later

Made to go to Pt Field on second day

Awake for almost 3 days, scared it would happen again.

Went AWOLWent back home and went to my moms house, She showed me a letter she wrote to me that was returned to her,with the words on the flap that said AWOL/Homosexual, (I'm not)

Second attempt on my life, than the minister picked me up and checked me into the Mental Ward 11/29/1972

Minister called recruiter and inquired about what they were going to do.

I was arrested at hospital a week later on Dec 7th and escorted to Ft Riley

Was not treated for any mental conditions, paper work proves it

During the time there I was put in the confinement with the really hard core criminalsI was beaten to a point of unconscious and teeth knocked out

When they gave me a discharge examination ,I only saw the Nurse The form They ask you to fill out about your health ,I stated all the problems I had with the beating,( have copy of it from army file)I was on some kind of drug given to me at the mental ward the entire time

It states on the discharge from the mental ward Personality disorder The file was given to the Mps ,but not in my army file, But I was able to get one from the hospital, 38 years later.

I was taken to a room where my attorney and the officer sat together and with in 10 minutes I was discharged

.I was escort to the front gate and released, with hospital slippers, and no coat,Jan in Kansas, no money ,all stolen in the beating, along with all ID. again 17 years old

What is my case if I have one, I was told back in the early 1970,s when I called the veterans, that I was not a veteran and could not help me.

Seen A VSO and with in 2 minutes said that with a OTH discharge (For the good of the service) did not see a case.

Please help, I want to deal with it before all my life is gone,or too old to enjoy some of it.

[stillhere]

John.

The BVA case I posted the link to is a very good representation of what he is going to have to go through and shows all the regs in one document.

The actual case that was denied is of course different per se in occurrences but each and every law he is going to have to address again is there. That was the only reason that case was posted.

I still thing as Berta and a few others posted he is going to have to get the dd-214 changed and must have the documentation of the MST and last but not least a diagnosis from a shrink and a nexus.

[john999]

The first thing Landend's needs to do is ask the VA to make a determination if his LTH discharge is a bar to benefits. If they say it is then he needs to go to the BCMR. After 38 years this will probably require a lawyer's help. In the meantime he needs to collect all his military records. If it was me I would try and get a lawyer to help me. Our own Josephine was kicked out in basic, but she proved that she had bona fide medical mental condition and won benefits. Every journey starts with a single step.

[landend]

Hello

Again thanks for all the help

I have read a lot about all the different things you must go through and I also understand the concept of why its done this way.

But for the life of me, I don't understand why when it is clear to me and on paper records you still have to almost have photos and video of every minute of you time in the army,

I have a IQ of 140s and I still cannot fuction with everydays task, such as haircut, denist, going to the store, Yet give me a 600 foot tower to build in the middle of China and I will do it with no problems. Send me to Vietnam and lay 1300 miles of cable across wildness and jungle no problem, but if I have a tooth ache I will suffer, If I cant get myself to the store I will go hungry.

There is a lot of standard proceedure that were not done upon my discharge, such as The MPs signed me out of the county mental, why did I not have a Mental exam.

Army Regulation 635–200

7–10. Minors stationed in area other than area in which enlisted

a. A Soldier serving in an area other than the area in which enlisted will not be discharged or released from custody

and control of the Army until returned to the appropriate territory or area. (See AR 635–10.)

b. As a response to the "additional instructions" lead line, reassignment orders will include one of the following

statements, as appropriate, so that such separation may be accomplished promptly upon arrival:

(1) "You are a minor and are being returned for discharge from the Army."

(2) "You are a minor and are being returned for release from custody and control of the Army."

I was released without any money, had hospital slippers for shoes, escorted to the gate and said there you go.

Were my rights denied?

[LarryJ]

I'm going to kinda step in here, with a suggestion, if that's okay?

What I want you to do:

I want you to download a VA Form 10-10EZ.

Fill it out and send it in to your local VA Medical Center.

Then, after you get your VA ID card (HEY, stranger things have happened, HAVEN'T they?)............get back on here and let's see what the VA has to say.

Should take about 2 weeks for a reply from the VA.

You may be like that camel...........once he gets his nose under their tent flap.....................

[stillhere]

I can understand your hate for the Army back then and what you had to go through but I would question how you think of the VA

The VA is not the Army as is totally different in regards to how they care for vets. The Army could care less about you and your case and quite frankly probably would like it if you would just go away. In order to get an answer on your rights and if you were denied them, that question is more than likely going to need a lawyer and see what he says, and you and them would deal with the Army.

As far as a claim for benefits that is where the VA will step in and while they do not require a video of everyday while we served. They will/do require proper paper work to be approved for veterans Benefits. I.E. dd-214 with a discharge classification and a diagnosis of a compensated disease and the connection to your service. That is it.

Do they make us jump through hoops in a way but papers don't lie and if you have them and can proof your point. Then just like Josephine you WILL be awarded your deserved benefits.

You have gotten some good advice here and I would be surprised if you follow it you will not be awarded. By the way when did you contact a VSO and he said he could not help you??

Good luck to you!

Edited July 4, 2010 by stillhere

[landend]

I can understand your hate for the Army back then and what you had to go through but I would question how you think of the VA

I never said I hate the army,I do however dislike the people that could have done something back than,but the mentaly of the officers at least at the time were so condsending towards the enlisted privates, As far as the VA I have no idea of how they are other than what you folks write here, which seems to me that there is a percentage of veterans that desrve benfits ,but have to fight for them, As there id millions of veterans some are going to be lacking proper paper proof from the people that should have done there job while in the service,

The thing I hate is I have spent my life with the disapointment of not being able to serve as my dad did all his life,

Help every now and than is more than a four letter word.Sometimes it's person crying both with anger or withdrawing or just giving up.Sometimes if your lucky, Help comes without asking,

It could come as someone would rather keep you from falling, than to help you up when you do.

The VA is not the Army as is totally different in regards to how they care for vets. The Army could care less about you and your case and quite frankly probably would like it if you would just go away. In order to get an answer on your rights and if you were denied them, that question is more than likely going to need a lawyer and see what he says, and you and them would deal with the Army.

As far as a claim for benefits that is where the VA will step in and while they do not require a video of everyday while we served. They will/do require proper paper work to be approved for veterans Benefits. I.E. dd-214 with a discharge classification and a diagnosis of a compensated disease and the connection to your service. That is it.

Do they make us jump through hoops in a way but papers don't lie and if you have them and can proof your point. Then just like Josephine you WILL be awarded your deserved benefits.

You have gotten some good advice here and I would be surprised if you follow it you will not be awarded. By the way when did you contact a VSO and he said he could not help you??

Good luck to you!