Injured on 2week reserve / Character of discharge

[F.Mark]

Fellow Warriors,

I was a reservist where i attended bootcamp and school (then transferred to reserves with an Honorable DD214) '89-'90, called to active duty for Desert Shield and deactivated with another honorable DD214 ('90/91) and entered active drilling status. During my 2 week active duty in 1993 i was in a HWMMV that rolled over and had subsequent back surgery/injuries. During monthly drills in 92/93 i was at sick call, with documentation, etc. in 94 i started missing drills and was discharged in 1995 with an admin separation OTH (for missing drills). My initial claim for this back injury was denied due to Character of Service (so service time from 91-95 was not honorable).

I am due for an appeal next week, and want to know if i have a shot at getting some VA benefits for this even though my discharge was not Honorable even though the documented injury occurred on active duty training.

 

[iceturkee]

was it a general under honorable conditions? thats what i received for being medically discharged. i have had va benefits for almost 30 years. if its dishonorable, you can appeal to the board of military correction for a change. at least, that was the procedure in 1988 when i was discharged. you won't be able to get benefits with a dishonorable.

[F.Mark]

No, Charter is Under Other than Honorable , separation code HSK1 - failure to Participate.  I did go for discharge upgrade based on "not willful" and injury was in part the reason for missing drills. Although, i am thinking of reapplying because my reserve unit kept me on active Dillinger status though January 1996 when i was due to enter IRR in August 95. So there is literally 5 SRB entries past my IRR date all stating i missed drills.

I had missed two early 1995, but up to that point i was still in good drilling status. With the 5 SRB entries past 28AUG95 i was processed for discharge. Maybe that's enough to re-apply for an appeal to update discharge?

 

[iceturkee]

i believe as long as your discharge is dishonorable, you can't reapply to reenlist.

maybe others can weigh in with a recommendation.

[Berta]

 

Can you scan and post the VA's Reasons and Bases part of their Character of Discharge Determination?

Did you appeal that in time?

" injury was in part the reason for missing drills" did you supply medical proof of that?

[F.Mark]

Iceturkee- thanks and not reenlisting.

Berta - my appeal is next week (finally 4+ years) and i do have serveral instances of going to sick call on subsequent drills but what other proof could i provide?  And, yes i can scan and upload here shortly.

I love to think there is a slim chance the appeal board will take into account all my honorable drills up until the last 3 months, especially since the accident, and subsequnt surgeries are are well documentated as the cause of this roll over accident. Was even awardes multiple awards following the accident just really loat focus in the  last year of drill Absolutely my fault.

Pleaae stand by for traffic.

 

 

Edited April 12, 2016 by F.Mark

[Berta]

http://www.marines.mil/News/Publications/ELECTRONICLIBRARY/ElectronicLibraryDisplay/tabid/13082/Article/134174/mco-p190016f-wch-2.aspx

This is latest version of MARCOR Separation regs etc but nothing more to para. 6213 than what we already can see here..

"Maybe that's enough to re-apply for an appeal to update discharge"

I do not understand that question. I am assuming the VA has already made a character of discharge determination that you presently have in appeals now

.So NOW is the time to get all evidence you have before the appeal board

Do you have representation?

What type of appeal is this? BVA? Is it a televised BVA appeal? I ask because you have a date for it in 4 days.

 

Also there was discussion here at the VBN site  in a very similar situation years ago,with some good advice:

http://vets.yuku.com/topic/42972#.Vw5Op-TmpEY

(I even wondered if that thread started at VBN was from you , in 2010, so similar,

but in any event their advise was good.)