VA disability, COE, and a new OTH characterization- will this eliminate existing benefits?

[Akay]

I hope this is the correct place to put this, if not- my apologies.

I was in the Army Reserves.  In 2012 I had two periods of active duty.  During the first period of active duty I had what I know now to be amyopathic dermatomyositis.  This condition still effects me to this day.  In 2013 I was rated for this condition and a few others, totaling 80%.  In 2017 I was reevaluated and I am now at 90%.  I have two DD214s, one for each period of AD and each with an honorable discharge.

Here's my problem- I went to apply for a COE for a VA Home Loan.  They asked for a statement of service as the Army Reserve does not issue a DD214 at the end of contract.  I contacted my unit and they told me they would get me one, but that my characterization will be other than honorable.  Back story: In 2013 I became a single parent of my two infant children, this made attending drill nearly impossible, as I did not live around family and could not find someone to watch my children.  My unit did not provide child care during drill (some in my area did, but they would never let me transfer). They let me make up my missed days during the week for awhile (when my kids could go to day care), but this only lasted as long as the commander would allow it.  When the commander changed, I was a non-participant for the remainder of my contract, however I would attend yearly medical appointments per their request.  This had something to do with my "status," and someone basically explained to me it was for their readiness numbers and if I didn't complete the appointments I would mess them up.  Basically- I did what I could in the situation I was given.

The OTH discharge was somewhat of a surprise, because I was told by the old 42A (HR person) in my unit that my characterization would just be 'general', but alas, that person is no longer there.  I guess I'm the idiot that didn't get this document when I should have.

Basically my question is- will the VA eliminate my existing disability because of this new characterization?  I'm not even sure they will be aware, unless I submit it for the COE.  Should I submit this for the COE, is there any chance I will be approved for the COE with an OTH discharge and two prior honorable discharges?  I was under the impression that I had over the amount of days required for a COE with my active duty days, I didn't expect the VA to ask for a statement of service. Any advice? I'm at a point where I'm wondering if I should leave this alone or submit a statement of service with an OTH discharge. Thanks.

 

Update: Army HRC had already issued me a general discharge under honorable conditions, I found this document by purely by chance on Milconnect.  42A at my unit basically had no idea about anything.

Edited October 4, 2018 by Akay
added indo

[Carl the Engineer]

You have two DD214's.  Use the latest one or both.  I have 5 DD214's.  The VA uses the latest one.  

The VA home loan is a Federal program and the follow the DD214's.

The Guard use a NGB form 22 as their DD214, and I found the following on the VA website for Reservists. 

"If you were discharged from the Selected Reserves or the National Guard, you must include copies of adequate documentation of at least 6 years of honorable service. If you were discharged from the Army or Air Force National Guard, you may submit NGB Form 22, Report of Separation and Record of Service, or NGB Form 23, Retirement Points Accounting, or it’s equivalent. If you were discharged from the Selected Reserve, you may submit a copy of your latest annual points statement and evidence of honorable service. Unfortunately, there is no single form used by the Reserves or National Guard similar to the DD Form 214. It is your responsibility to furnish adequate documentation of at least 6 years of honorable service."

FYI, I have a NGB form 22 and the VA did not see it and it is not in my c-file anywhere.  It's all about the DD214.  And anytime I deal with the VA, I tell them active duty, even though 13 of my 27 years were as a part-timer in "The Guard".  

If it were me, I would use one of your DD214's you currently have, preferably the latest.

The VA disability you currently have is based of a period of service that you already have a DD214 for.  So, you should be fine with what you already have done with the VA regards your comp, etc..

Just my thoughts,

Hamslice

 

[Buck52]

I just got a letter from Army  Records Review Board, they made a correction on my DD 214 and stated it will be reflected on the DD 215 and be placed in my file....Based on the last evidence of record I sent them.....this has taken 4 years to correct.

I got one thing out of two I wanted correct  the one they didn't correct was my TEMP MOS while in the RVN..I only did my trained school MOS the first two months I was there then I was OJT by a fellow soldier  to do the TEMP MOS and I end up doing that for the next 13 months.

..the army review officers said my MOS was appropriately stated on my DD 214 And they would not put my TEMP MOS on there...since I didn't have a record showing I was change to that duty MOS,   other than in service records  and the ones I had   still had my old MOS on them.

..so I just leave that alone  but the other I did get corrected and that was my time I spent in the RVN AND ALSO MY GERMANY SERVICE...I ALSO GOT SOME MORE RIBBONS AND SERVICE MEDALS I NEVER KNEW I had that was awarded by my unit in RVN.  US MEDALS  and some RVN MEDALS.

now I need to request my C-FILE Again  from 2014   eh!

[Akay]

Hamslice,

I've submitted both of my DD214s for the COE, however since the VA is aware that I had service in the reserves, I believe that is why they're asking for a statement of service. I suppose I will just either submit what I  have or will consider filing a DD215. Thanks for the response.

Edited October 3, 2018 by Akay

[Akay]

Broncovet,

I understand how the military works, as I completed multiple years of service prior to becoming a non-participant.  When my husband, an Army combat veteran who served three tours overseas, shot himself in the head, my main priority was our children....not drill.  I struggled with his death but showed up during the week to make up the battle assembly days I missed due to my childcare issues.  As I stated, the commander allowed this.  When we got a new one, he didn't.  I didn't ask to be a single parent. I asked for a transfer or discharge multiple times, but nothing happened.  I did what I could, but the Army isn't more important than my children.  I loved my time in the Army and I wish it could have been different, but it didn't play out that way for me.  I was an exemplary solider prior to my husband's death.  Thanks for the lecture on how the military works though.

Edited October 3, 2018 by Akay

[Navy4life]

Do you have an Ebenefits account?  Primary?  You can see your COE on there and see what it says.

[broncovet]

Excellent answer, Hamslice.  Much more thorough than I could have done.  I will add:

   The military does not accept excuses for "no show".  Its your responsibility for child care, not the military's responsibility to let you off the hook when you are unable to locate a sitter.  

    Many of us have had to leave our famalies behind when we went off to serve our country..at great cost to us, and some of us even lost our families as a result.  

    The military makes it crystal clear.  Its country first, not family first.  Someone said, when we serve, we write a blank check for Uncle sam to fill in, with the amount "up to and including" our life.  

    When I was last in the military, I was promoted to a supervisory position, where all the people in my group were to contact me, in the event they could not make it for any reason.  I sent a report directly to the captain each day as to who was present and who was not.  

    I was rather generous.  When someone called me, and there car broke down, I told them to get there as soon as they could, and I sent the report to the captain that day they were "accounted for".  Thus the term "present or accounted for".  People have leave, they have authorized time off, they get sick, etc.  If they called me, I reported it as "accounted for"..as long as they showed up the next day.  If they were not there, I checked to see if they were in "sick bay".  If "sick bay" reported they had checked in, then I marked them as an authorized absence.  Its sick bay's job to determine if/how sick they are, not mine.  I know that the doctor can, and sometimes does, tell them to report to their duty, they are fit and should not be here.  Sick bay then calls me, and tells me to expect (troops name) in a few minutes, that he/she is fine and fit for duty.  

     If they were "late", we had a talk the first time and I made it clear that this was called a "UA" (Unauthorized absence), and that was a crime.  If they were repeatedly late, I simply reported it to the Captain, and he made the decision what to do as far as discipline.  

     On one instance, a guy did not show or call for 3 days.  As always, I reported this to the captain.  The Captain reduced his rank.   When I finally saw him I asked him why he did not show.  He said his car broke down.  The captain asked him if all the telephones were broken down also.  (That is before cell phones).  

      Im not sure what kind of discharge he got (that was not my decision to make), but it was likely not honorable, because he pled guilty to "UA", which is sometimes called AWOL.  

      My own son was late for the Marine Corps several times.  He was just turned down for a VA loan.  

I dont know how to make it any more clear.   Show up, on time, every day.  If you can not show, for any reason, get on the phone and explain why.  I accepted their reason "why" they were late, pretty much every time THE FIRST TIME THEY MADE THAT CALL.  But if they were sick "every other Friday", I noted that, also, to the Captain.  

      When I was discharged, I got the "good conduct" medal.  One reason was that I was never late one single time in 4 years.  

      They call it "military service" for a reason.  Im not judging you, Im just telling you how it is.  You dont have to like it.  But the military calls it a crime when you dont show.  If you called me, and told me you could not show because you did not have a baby sitter, I would excuse you...ONCE, and explain you needed to line up a permanent, regular, on call babysitter for the future, or you would be AWOL.  Your unit may be more or less liberal than I was, about that.  I have heard of people being court martialed for being one minute late.  I did not do that..clocks vary so if you were within 10 minutes, I reported you as on time.  However, if this happened a couple times, then you and I would have a talk, and I would explain in no uncertain terms that tardiness is not tolerated in the military.  
 

Edited October 3, 2018 by broncovet