Va Didn't Consider My Paperwork

[shadle2001]

I have been out of the Army for about a year now. I was going through the Med board process when they discharged me under OTH conditions. I had an officer tell me I couldn't see my children. This went on for 6 months and I couldn't deal with it anymore and saw them. I have a court martial document that states what the judge says about this "This was a cruel and unnecessary order to give any soldier". But they still found be guilty of disobeying an order(this was back in 2011). In 2013 I was ordered by Hawaii courts at one point to start paying allimony to my soon to be ex-wife at the time. Because my civilian attorney told me not to pay it, I never did. (I have a statement from my attorney stating that) They gave me an ART. 15 for it and with that they gave me an OTH discharge for patterns of misconduct, with these two events. Four months later the Hawaii court judge ammended the court order stating that I didn't have to pay allimony.

There is the history, now to what is happening now. I was being medboarded by the Army so all my exams for disability were already done prior to getting out. I filed my claim with the VA the day after I got out (Apr 30, 2013). They had to change it to a Character of Discharge Review. On the 7th of Dec 2013 I recieved a letter from the VA stating that they needed information regarding my discharge and gave me the oppurtunity to give my side of the story. With the help of American Legion, we wrote a document up and supported it with what the Court Martial Judge said and the divorce decree from Hawaii courts. The American legion guy said that this is pretty much an easy decision because of my supporting documentation. We turned in the paperwork on the 10th of December 2013 and I got it time stamped so I had proof that I turned it in.

About 2 weeks ago I got a letter saying they denied my claim because they never recieved any documentation from me regarding my discharge. So I went in to the VA office and talked with the same person who I turned the paperwork into. He looked it up and sure enough it was there. He than help me write another letter asking them to redo it but with my documentation this time.

Ebenifits just added to it, devolpment letter sent.

1. What is a devolpment letter

2. Do I need to file an appeal, or is what I did with the VA guy good enough for them to relook at it.

Thanks for your help.

[JT24usn]

I would request a hearing ( you can have one at any time) for you admin decision on the OTH. Also I would review 38 cfr 3.12d(4). This is for willful and persistent misconduct. Sounds like what the va got you on. Also, did you go AWOL? You said you went to see your kids. AWOL more than one day can be considered willful and persistent. Get familiar with the above regulatin and request a hearing. While it is still

Under a year from the decision you can also appeal it. Otherwise it will be a pain to go back through DOD after one year appeal is up. Jmho.

[john999]

I had discharge review board and got my discharge upgraded from General to Honorable. This was during Vietnam War and I think the review boards were composed of both civilian and military. You can beat almost anything besides AWOL because you can't argue with it. How long were you gone on AWOL? Like JT2 says you need to get on this appeal fast before time passes. I think you can appeal a discharge up to three years after discharge and then it goes to the Board for Correction of Military Records. I did not find them friendly at all. I needed a lawyer for that but I waited way too long.