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Correction Of Military Records


john999

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  • HadIt.com Elder

Does anyone know any lawyers who do BCMR cases? I know my records are not correct but I also know that if I just do it myself without a lawyer I will lose again. The BCMR just ignores my evidence. If I am to have even a 10% chance I need a lawyer. I was given an honorable discharge but it should have been a medical discharge. My disability rating for a mental health illness is effective one day after my discharge. How could I have been healthy on December 2, 1971, and have a medical mental health disorder on December 3, 1971 according to the VA. The army just got rid of me 8 months early because they knew I had emotional/mental health disability and did not want to pay for it or treat it. I have been angry about this for 45 years and have filed with BCMR before and gotten denied. Actually, I was forced to take General Discharge under Honorable conditions, but had it upgraded to Honorable within 3 years of the discharge. I asked for help with my mental health problems after Vietnam and got a Special Courts Martial instead with result that either I took plea deal and got out or went to jail and then got out with LTH discharge. My half-ass army defense JAG explained it all to me. I don't remember much since I was on Thorazine at the time. The MF'ers just drove me to the gate and dumped me off to find my own way home. OK if you are not experiencing mental health symptoms. Where do you even look for lawyers who do these kinds of cases.

John

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John,

I googled "board of corrections military records attorneys" and had two or three law firms pop up. One was "Van Ackeron Law." I don't know anything about any of them but I guess you could ask for references.

GP

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  • HadIt.com Elder

Yes, I will do that. I don't even know if it is worth the effort after all this time. I stand little to gain except some sort of justice. The army knew I was sick and just kicked me out to save a buck. This is what gets to me when I look at my records like I had to do when I filed my CUE.

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John,

What ever you decide, I hope you get peace of mind. You deserve it after what the military put you and thousands of other service members through as a result of mental health disorders caused by your military service. Disgraceful conduct by the military and the BCMR. JMO

Take care of yourself.

GP

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hey just a heads up but there is no such "medical discharge". There are 5 types of discharges or at least that is what was drilled in my brain housing group in the Marines.

Honorable

*******General under Honorable conditions (This is where Medical discharge could fall)******

General Under Other than Honorable Conditions (Usually misdemeanor offenses, pop on drug test, UA, NJP stuff etc, could also be a summary court martial or admin separation)

Bad Conduct Discharge (I believe is considered a felony type charges and usually would need to go to Special or General court martial)

Dishonorable Discharge (Considered a Felony)

I was medically retired by DOD (Chapter 61 retiree) and I was given an Honorable Discharge, so go figure.

Just trying to help.

Rah

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John, our new member Tip did very well on a DRB:


The lawyer on the BVA brief of the BVA case I posted is Samuel M. Tumey, Attorney-at-

Law

http://www.martindale.com/Samuel-Murry-Tumey/1022750-lawyer.htm

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  • HadIt.com Elder

I was granted 10% for schizophrenia effective to the day after discharge. My question has been did I develop this disorder the day I got out of service. The Army had discharged me for a Personality Disorder, of course. I only had 8 months until my regular discharge. I did file within one year of discharge. My CUE was about the low ball rating I got (10%) when I could not even leave the house for 6 months. Schizophrenia at that time (1973) was a waste basket sort of DX by the VA. If you were suffering from any combat stress disorder or anything else that they did not understand you got a Schizophrenia DX. When I described my symptoms they just looked at me like "your nuts". I wasn't nuts but it took years to figure it out. Stress and anxiety disorders can look like crazy behavior but they are not.

The Army shrink was prescribing anti-psychotic meds for me just prior to discharge, but he would not release his out-patient records even to the military. So I have no access to them. I had been in a military mental hospital for two months prior to my last assignment. I was so dumb and brainwashed I wanted to go back on duty. They let me and immediately things went downhill. I was ashamed of my symptoms as who wants to think they are crazy. This worked right into their hands , so they could fit me up for a quick PD discharge. Thing is I had been in service for 28 months and they only discovered the PD when I began to see the shrink on a regular basis. This is water under the bridge now.

John

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John, have you considered contacting your senior sentator's office and asking for assistance? That's Bill Nelson, right? According to his website, he's the senior member of the Armed Services Committee and is in a perfect spot to help you address this issue with the Department of the Army.

Edited by TiredCoastie (see edit history)
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