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halos2

Could A Deserted Vn Vet Be Eligible For Benefits?

Question

Apparently this Vet and his brother were both Army, stationed in Vietnam, and their brother was Navy, stationed in Nam too; anyway, the one went on R&R to the US and once home he decided to help his father out and never went back to NAM.

No one ever tried to contact him ever, including the Army. He continued to help his family all these years. He was diagnosed with Diabetes, some years back, IHD, and other presumptive diseases. His brother asked if he would be eligible for benefits? Seems like he would be under a court martial, yes or no?

Meanwhile these other 2 brothers who served there both have diabetes, and IHD are both have been 100% TDIU VA since 2000, and 2002.

I just recently met this brother who was filling me in with this info, and I was at a loss for any of this. Usually someone asks more questions for conditions related to service and honorable discharges.

So any hint to tell this fellow?

Edited by halos2

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I'm guessing here, but I imagine he has no DD214 nor any other documentation of the completion of his service. I would think if he wanted to apply for benefits that he would first have to deal with the Army and get some kind of discharge document. The kind of discharge he winds up with would probably determine his qualification for any benefits.

Good luck with this one!

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He could be eligible but first he'd need to turn himself in. I'm surprised they haven't picked him up, already. It's unlikely the military would pursue criminal charges, at this late date and he could be eligible. I seem to recall that all brothers couldn't serve, in VN, at the same time. It has to do w/the 5 brothers, who's names escape me, at this moment, who were killed aboard ship, in the Navy, during WWII. It's worth looking into. jmo

pr

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He could be eligible but first he'd need to turn himself in. I'm surprised they haven't picked him up, already. It's unlikely the military would pursue criminal charges, at this late date and he could be eligible. I seem to recall that all brothers couldn't serve, in VN, at the same time. It has to do w/the 5 brothers, who's names escape me, at this moment, who were killed aboard ship, in the Navy, during WWII. It's worth looking into. jmo

pr

The name of the brothers were the five Sullivan brothers. They made a movie of them to tell their story

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I saw the movie and it was great too. They were all on the same ship. as I remember. Anyway this guy was Army and stationed there in Nam, his brother was Navy and there aboard a ship, then right before this guy went on R&R his younger brother was sent to Nam too. I wonder how many others were sent there with other family members there too? As brothers or siblings. Also they all have diabetes and IHD and none of family members have these diagnoses.

I will tell the brother to see if he can get him to turn himself in. Also where would he turn himself in? An Army base? I think the closest military instillation is probably 250 miles away. Draft dodgers got amnesty, but I wonder what would happen to him??

I am just seeking info to pass along but am not for this type of action but I have never been put in a position as this... to this...I really don't know how I feel about this as I was not directly in the war and not seen the horrors in the war in VietNam. I just seek out options/avenues to help vets along their journeys with the VA.

Edited by halos2

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§ 3.12 Character of discharge.

(a) If the former service member did not die in service, pension, compensation, or dependency and indemnity compensation is not payable unless the period of service on which the claim is based was terminated by discharge or release under conditions other than dishonorable. (38 U.S.C. 101(2)). A discharge under honorable conditions is binding on the Department of Veterans Affairs as to character of discharge.

(b) A discharge or release from service under one of the conditions specified in this section is a bar to the payment of benefits unless it is found that the person was insane at the time of committing the offense causing such discharge or release or unless otherwise specifically provided (38 U.S.C. 5303(b)).

© Benefits are not payable where the former service member was discharged or released under one of the following conditions:

(1) As a conscientious objector who refused to perform military duty, wear the uniform, or comply with lawful order of competent military authorities.

(2) By reason of the sentence of a general court-martial.

(3) Resignation by an officer for the good of the service.

(4) As a deserter.

(5) As an alien during a period of hostilities, where it is affirmatively shown that the former service member requested his or her release. See §3.7(b).

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