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Benefits Of A Medical Discharge


john999

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A while back Alex mentioned there were some monetary benefits to getting a medical discharge over a regular discharge. What would those benefits be if anyone knows. I think I have evidence that I should have gotten a medical discharge instead of a regular discharge. This would be going back over 35 years so I am not so sure it is worth it, but if it is I would like to know.

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I believe the disability rating percentage you receive from a medical retirement constitutes the same percentage of your military retirement pension that is tax-exempt. My husband said we don't pay taxes on that portion of his retirement pay.

Edited by Vicki
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How do I find Adora and Dataman? I am very conflicted about digging in the past but I was sick when I was thrown out of the Army and they knew it. I know I probably have little chance of overturning a 35 year old discharge but I think I am going to try. The Military Board of Review at least returns my inquiries and does not lose my mail like the damn VA. Thanks for the effort.

John

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How do I find Adora and Dataman? I am very conflicted about digging in the past but I was sick when I was thrown out of the Army and they knew it. I know I probably have little chance of overturning a 35 year old discharge but I think I am going to try. The Military Board of Review at least returns my inquiries and does not lose my mail like the damn VA. Thanks for the effort.

John

Re-type the question in this topic but under the discription part type in, Wings(adora) and DATAMAN. then when they read the question they will now it is for them.

Jan B)

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John,

Title 10, United States Code, Section 1553, is the law governing upgrading military discharges. This statute authorizes the Secretary of the service concerned "establish a board of review, consisting of five members, to review the discharge or dismissal (other than a discharge or dismissal by sentence of a general court-martial) of any former member of an armed force under the jurisdiction of his department upon its own motion or upon the request of the former member or, if he is dead, his surviving spouse, next of kin, or legal representative."

Since your discharge is more than 15 years old, you will need to apply to The Army Board for Correction of Military Records (ABCMR) http://arba.army.pentagon.mil/abcmr.htm

See (3) ABCMR Publications http://arba.army.pentagon.mil/abcmr_pubs.htm

1. DODD 1332.41

2. Army Regulation 15-185

3. 2005 ABCMR Applications Guide

Unlike the Military Discharge Review Boards, (which operate under a fifteen year limit from the date of discharge), the Military Correction Boards operate under a three year limit for application that starts upon the date of “discovery of alleged error or injustice.” This date is generally by the Correction Boards to start as of the date of discharge or, in the case of a denied upgrade from a Discharge Review Board, the date of the Review denial decision. However, the Correction Boards can, and often do waive the three year limit if they determine that it “is in the interest of justice” to do so. They cannot determine whether to waive the three year limit without making a cursory review of the merits of your petition.

STANDARDS OF REVIEW: Inequity and Impropriety

The Applicant must convince the board that their discharge reason or characterization was "inequitable" or "improper."

"Inequitable" means the reason or characterization of the discharge is not consistent with the policies and traditions of the service. For example: One member was singled out and recieved a discharge or punishment that was unequal to another member's punishment or discharge.

"Improper" means that the reason or characterization of the discharge is in error (i.e., is false, or violates a regulation or a law). For example: Army discharge regulations were disregarded or violated.

Resources

- NVLSP's Veteran's Benefit's Manual has a full chapter devoted to Discharge Upgrades and Correction of Military Records. You may be able to borrow their manual from your public library or contact them via website at http://www.nvlsp.org/

United States Code

TITLE 10 - ARMED FORCES

SUBTITLE A - GENERAL MILITARY LAW PART I - ORGANIZATION AND GENERAL MILITARY POWERS

PART II - PERSONNEL

CHAPTER 79 - CORRECTION OF MILITARY RECORDS

Section 1551. Correction Of Name After Separation From Service Under An Assumed Name

Section 1552. Correction Of Military Records: Claims Incident Thereto

Section 1553. Review Of Discharge Or Dismissal

Section 1554. Review Of Retirement Or Separation Without Pay For Physical Disability

Section 1555. Professional Staff

Section 1556. Ex Parte Communications Prohibited

Section 1557. Timeliness Standards For Disposition Of Applications Before Corrections Boards

Section 1558. Review Of Actions Of Selection Boards: Correction Of Military Records By Special Boards; Judicial Review

Section 1559. Personnel Limitation

Chapter Notes

http://caselaw.lp.findlaw.com/casecode/usc...oc.html#Scene_1

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Wings

I spoke to Alex the hadit lawyer. He says if you really want to have a discharge changed after 15 years you need counsel because 95% are denied. I sure don't want to go to D.C. for some hearing but if there were money in it for me I might.

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