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Oth Discharge Eligibility


bln

Question

It is my understanding that if a veteran receives an "Other than Honorable" discharge, VA benefits may be denied. However, if a veteran has previously been permitted to reenlist (in this case, after about six years of service), would that constitute a period of honorable service, even though there is no 214 for that time period?

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  • HadIt.com Elder

It is my understanding that if a veteran receives an "Other than Honorable" discharge, VA benefits may be denied. However, if a veteran has previously been permitted to reenlist (in this case, after about six years of service), would that constitute a period of honorable service, even though there is no 214 for that time period?

It should. The veteran should apply, anyway. jmo

pr

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http://cfr.vlex.com/...charge-19776167

http://www.tvc.state...f_Discharge.doc

They will probably have to look at it as a conditional discharge. This meaning multiple periods of service broken up to the bad discharge. The tricky part is that a lot if vets reup before their first enlistment is truly over ( there is or so). This makes it tough sometimes when a vet the does something silly before those three mod are up ( linking both periods the because technically the first period wasn't up). With this many multiple periods (almost twelve years?). I think they might be able to break some up and get him something. Just a matter of when he reupped the last time. Jmho

Respectfully

T8r

Edited by T8r, 01 October 2012 - 05:16 AM.

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Upon receiving your application for benefits the VA will make an initial determination regarding the character of service. Those determinations are appealable. Some of the determination is based upon the underlying misconduct (such as AWOL) so there is no simple answer. Be aware that you can also apply for an upgrade of discharge and that might be worth pursuing.

Good luck and, for what it is worth, I saw a lot of excellent soldiers get adminstratively discharged with OTHs usually due to the old adage good in the field, bad in the barracks.

Seth Director

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  • HadIt.com Elder

whenever I re-enlisted I was given a DD214 to account for the previous 3 years and then the 6 years where they listed Honorable discharge for purpose to re-enlist and it has the date on it all the rest of the form is filled out showing medals, time served, good time and lost time etc even my Gulf War service got a DD214 for the active duty time and a couple more medals (love those you were there medals) It would also help that you can show your medical condition actually started during your "good time" enlistment and was not part of the re-enlistment time that you got the OTH for, I am trying to help my older brother now, he had 3 3 year good periods of service he took them 3 years at a time me I took the 6 years and the bonus money he was working it to where he could stay in Korea worked for 7 years before they sent him back to CONUS then he got in trouble as a drill sergeant but his medical problems are from Korea as I was there when one of his incidents occurred but he was there for a lot of things that happened on the DMZ from 72-79 it's getting them past the bad period to look at the good time for his eligibility he's getting to old to keep living in the woods or on the streets I help him with the forms and tell him what he needs to do but like a horse and water you can lead them there but you can't make them do it

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I was active duty in US Navy from June 1978 to April 1984 and received an Honorable discharge with a RE-1 code. I re-entered the US Navy in May 1986 and due to substance abuse (alcohol and drugs) I received an OTH in April 1989. Since I served from 1978 to 1984 with no NJP, no issues and an Honorable (RE-1) discharge, am I eligible for VA benefits? I have read various blogs or forums on this website and it appears I would be eligible, any comments, assistance or direction on what I can do would be greatly appreciated

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For the one-time dental benefit after release from active duty, the discharge must be other than dishonorable. From the Dental Program Handbook, 1130.1:

1. In the case of Gulf War Veterans (which includes Operation Enduring Freedom, Operation Iraqi Freedom, and Operation New Dawn Veterans), they must have served on active duty and been discharged or released, under conditions other than dishonorable, from a period of active military, naval, or air service of not less than 90 days. For others, they must have been discharged or released, under conditions other than dishonorable, from any other period of active military, naval, or air service of not less than 180 days.

I bet the same applies to all VA care.

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