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.

 

[F.Mark]

Thanks and yes that post was started by me years ago. Since that post i did the following: Have a discharge appeal (in person appeal to ask for my discharge to be upgraded from OTH to Honorable) under the grounds that  my actions were not willful. I was denied (cant find paperwork now - wonder if i can look it up electronically). This was done by myself and no outside help. Since this i've discovered that i should reapply for this discharge appeal because i was being marked absence from drill for months past my active drilling period, and this could possibly add to the decision at that time.

On a second front, i did appeal the VA disability boards decision (shown above in the picture and highlighted in yellow) in part based off the post below stating an OTH is not necessarily grounds for benefit denial and up to the rater.

"An OTH discharge is not the same as a dishonorable character. The 5 types of discharges, from best to worst are: Honorable, General, OTH, Bad Conduct, and Dishonorable.
A dishonorable discharge is an automatic benefit bar, an OTH discharge is usually a bar but can be allowed at the discretion of the rater. I don't think you have grounds for a NOD, because award with an OTH is at the rater's discretion. You would need a very good explanation of the circumstances of your OTH and why it should not be used against you. Buddy statements, personnel, medical, psychiatric treatment records following the rollover accident, any extenuating circumstances that might help explain your missed drills. It's not easy to do, you would want to take a lot of time building your case and I wish you luck. If you think you can build a strong case in your defense within a year, present it as a request for reconsideration."

In conclusion, my VA benefits appeal is televised and i will try to make a compelling case showing:

1- why i missed drills due to injury

2-Highlight the majority of missed drills as documented in my SRB were for dates outside my contractual active drilling dates. In other words, i was held on active drilling status, and then reprimanded for missing those drills, which contributed to the OTH separation.

Is there anything i should highlight for the appeal?

Thanks again!

 

 

 

 

[Berta]

Highlight

 "why i missed drills due to injury" with getting documented medical evidence into the hearing record.

Also provide Documented proof that the drill dates they said you missed were "outside the contractual dates"

Bring any other evidence such as buddy statements, anything else in your SMRS /and 201 Personnel records, etc etc ,and anything else you have uncovered in the past 6 or so years , that the VBN vet recommended that you try to obtain.