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Other Than Honorable

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Navy AT

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So i was involved with a girl and she had gotten in a fight with another girl at a bar one night and got injured. Sparring the long details of the story she had to go to the ER and her command found out and i was accused of hitting her even though she said i didn't. a week later i had broken up with her because it was getting involved with my command and she was angry about it. 5 days later my command started to investigate me for article 128 assault and the investigation was completed and the CO decided to charge me with article 128, article 134 and the article for UA since the notified the police and i was arrested the night she started to say i hit her. None of this is true and i never laid a hand on her but she is playing victim real well and has everyone believing her. I go to NJP monday and I am being told that the CO is trying to discharge me with an other than honorable. There is no concrete evidence and all the witnesses are people that she fed this BS to after i broke up with her. So my questions are plain and simple if i do get separated under other than honorable what VA benefits am i able to get with the charges listed above and what must i do to obtain those benefits

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So i was involved with a girl and she had gotten in a fight with another girl at a bar one night and got injured. Sparring the long details of the story she had to go to the ER and her command found out and i was accused of hitting her even though she said i didn't. a week later i had broken up with her because it was getting involved with my command and she was angry about it. 5 days later my command started to investigate me for article 128 assault and the investigation was completed and the CO decided to charge me with article 128, article 134 and the article for UA since the notified the police and i was arrested the night she started to say i hit her. None of this is true and i never laid a hand on her but she is playing victim real well and has everyone believing her. I go to NJP monday and I am being told that the CO is trying to discharge me with an other than honorable. There is no concrete evidence and all the witnesses are people that she fed this BS to after i broke up with her. so my questions are simple what can/should i do to change my discharge? what should i include? how long should i wait? and what people think my chances are?

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Navy AT,

Welcome.

I have merged your 2 topics into one as they pretty much

contain the same stuff.

I don't know if you will find your answers here or not but we will see.

Carlie passed away in November 2015 she is missed.

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  • HadIt.com Elder

I don't think they can kick you out on OTH for one NJP. If you have long history of NJP and maybe courts martial offense like drugs then maybe they can do it. How is your record? What did the police charge you with? Do you face civilian charges of anything serious? If the girl ended up in the ER and you are found guilty you do have a problem. If the CO wants to kick you out I think he needs more than this one incident unless it is some kind of felony assault. You know the military is its own world.

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I don't agree with that:

OTH discharges can involve a lot of factors that require a Character of Service Determination as well as length of time in service must meet the criteria too in the regs found in this link.

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

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  • HadIt.com Elder

38 CFR 3.12

USAF 1980-1986, 70% SC PTSD, 100% TDIU (P&T)

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