ptsd Need Help/advice

[jfarr22384]

Good morning ladies and gentlemen,

I served in the Marine Corps from Nov 95 to Sept 09. I was a Staff Sergeant in the communications field. I completed 3 combat tours in Iraq. I recently filed for compensation due to a number of factors to include PTSD. After completing almost 14 years of service to my country I was given a Other than Honorable discharge. The following information is a back brief of the events that led up to my discharge.

In Aug 09 I was stationed at a RS in Garden City NY. A few friends and I went out one night for some drinks and I was involved in a terrible accident. To make a long story short I hit two pedestrians with my vehicle that were intoxicated and running across a parkway. I was arrested and charged with manslaughter X2 and DWI. The marine corps started my separation paperwork immediately and I was discharged with an OTH pending civilian prosecution. I went to trial and was found not guilty on the manslaughter charges but guilty of criminally negligence homicide and DWI. It was proven at trial that my alcohol consumption did not cause the accident. I was not speeding down the road nor did I run a traffic signal, I honestly didn't see the young men running across a 6 lane highway until it was to late.

As stated before I have completed 3 combat tours and after the tours were completed and prior to my last assignment to the RS in NY I had 2 suicide attempts and I was even put in the hospital for a period of a few weeks after the second attempt. I knew something was wrong with me but I just couldn't figure it out, so I drowned the pain with alcohol. At the time of my suicide attempts PTSD was just making its way around the services.

Last November I filed for disability compensation and the VA stated the Marine Corps filed my service as other than honorable so I will not get help.

I just need advice on what if anything can I do. I have accepted responsibility for ever action during my life. I'm the one that decided to drive that evening of the accident. I just find it hard that once I graduated HS I joined the Marine Corps. During that time I served my country with honor and because I was involved in a terrible accident everything I've done has been erased.

I honestly need help,

[harleyman]

Ok, T8r, we are really saying the same thing. In this instance if the POS overlap then you have concurrent periods of service and then the enitre period is considered OTH.

I also, do a few of these a month and when this happens, in my opinion, it is not fair to the Veteran. However, you and I both know the Veteran has to apply to the Military Branch of service to get the DD 214 upgraded as we have no control over changing the type of discharge the Veteran received upon discharge and we are not allowed to separate conncurrent periods of service unlesswe have a DD215 correcting a previous discharge.

Then you have to sort out what period of service the events occurred that the Veteran claims caused his/her disability. It is not fun working on COD decisions and it can take a long time to get the needed records. Even then if no records come in to support the Veteran, the DD214 takes presidence and benefits are usually denied on OTH and dishonorable discharge. (unless the Veteran's offence was NOT a bar to benefits, then it is the call of the VSR/RVSR who is making the decision). A decision by the way which needs to be approved by a Coach and a memebr of upper management once the decision is made. Again 3 signatures who all concur the decision.

Edited August 10, 2013 by harleyman