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Junior1182

Respond to the Va in 30 days

Question

I received a letter in the mail from the Va stating that my claim is under review and that additional info will be needed in order to make a decision. I got out of the military on a Chapter 10 discharge. The Va is stating that no info can be found about my discharge anywhere. They’ve reached out to many different outlets and came up short with little to no information. The Chapter 10 was granted instead of going to a court martial. I’ve hired a lawyer to help me in this situation as far as clearing my name and helping my situation. I am confused and really need help.

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Posted (edited)

Can you scan and attach here their letter so we can see what attempts they actually made to get your records?

Cover your C file , name, address etc prior to scanning it.

What attempts have you or your lawyer made to find those records?

Such as requesting them from NARA?

Or from any Command whose headquarters are on the Chapter 10 stuff?

I assume you do have your DD 214 and VA does as well......

 

 

Edited by Berta

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Have you atempted to get the records via NARA:

https://www.archives.gov/veterans

Is your lawyer experienced in VA case law and Chapter 10 regulations?

Did any JAG represent you during this ordeal? If so do you have their name and have you googled them?

Have you attempted to cotact Command who signed your DD 214 to see where the records on the Chap 10 could be?

If VA said they might have been lost in the St Louis fire- that might be BS.

 

 

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Yes ma’am. I have requested my records long before this letter had come but still no response. During my ordeal, I had an jag attorney, German attorney, and a civilian attorney tht I hired to come from california to represent me. I still to this day have the investigation from the germans, which ruled me out as a suspect, but once that happened, the military picked it up and still tried to charge me. I will scan the document and post it once I get home. The document states that the Va reached out to the Army Personnel Records, C.I.D., and the Germans but nothing came back about my Chapter 10 discharge.

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I just recently got the letter, started researching lawyers and found one right outside of Fort Campbell who was an former prosecutor/jag lawyer in the service. So everything is happening really fast and I’m trying to cover as much as I can. When I got out my dd214 read General Under Honorable conditions, but got changed to OTH which would make me ineligible to receive benefits.

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"When I got out my dd214 read General Under Honorable conditions, but got changed to OTH which would make me ineligible to receive benefits."

Say what? ......have you ever attemped to  file a DD 149 to get it 'corrected' ? Mention that to your lawyer-

unless there is more to it than some typo by some idiot-

http://www.esd.whs.mil/Portals/54/Documents/DD/forms/dd/dd0149.pdf

In the part about the "Injustice" you can tell them what you told us here.

I am 99.9 sure that your lawyer already tried this route- but it pays to check everything.

Many Chap 10s are just crap stuff and would make the veteran still eligible for VA benefits.

Does either DD 214 have a code by the re enlistment thing?

 

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