I know Hadit cannot address OTH Discharges But my case is different because the BVA decision states I based my claim on the wrong Army Regulation May 1956 instead of April 14, 1959. The Court found for the Boards decision, as this regulation was not before the Board at the time of the decision. I went over all AR'S but could not find this one, I finally found it in the Congressional Record of the 88th Congress 1962. A Department of Defense directive dated 1-14-1959 Which became effective 90 days later on (April 14, 1959)Which cancelled and Superseded all other service regulations on administrative discharges. Stating the definition of what was misconduct and what was Unfitness. I was discharged by the Army under an Army Regulation that had been cancelled 2 years and 11 months before my discharge. I was discharged for a Personality Disorder for Unfitness. The VA found my discharge was for Willful and Persistent misconduct, DOD directive states I should be discharged for unsuitability for further retention in the service due to the diagnosis of a personality disorder. That my Character of service would be based solely on my service records which document no other problems documented by the record.
The Courts decision was correct because I was discharged under provisions of DOD directive April 14, 1959, (the CVA upheld the Board decision that I predicated my defense on the wrong army Regulation ) I was discharged on 3-23-1962, under an Army reg that was cancelled 3 years before my discharge under its provisions. The DOD directive is new and material evidence. The CVA decision in reality was favorable to my claim (Which the Court did not mean it to be)
What are my options The Board decision was in August 2014 and the CVA decision was in 2016, what are my options and which other VA forms must be filed? I found the DOD directive about 5 months ago!
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Daniel F
I know Hadit cannot address OTH Discharges But my case is different because the BVA decision states I based my claim on the wrong Army Regulation May 1956 instead of April 14, 1959. The Court found for the Boards decision, as this regulation was not before the Board at the time of the decision. I went over all AR'S but could not find this one, I finally found it in the Congressional Record of the 88th Congress 1962. A Department of Defense directive dated 1-14-1959 Which became effective 90 days later on (April 14, 1959)Which cancelled and Superseded all other service regulations on administrative discharges. Stating the definition of what was misconduct and what was Unfitness. I was discharged by the Army under an Army Regulation that had been cancelled 2 years and 11 months before my discharge. I was discharged for a Personality Disorder for Unfitness. The VA found my discharge was for Willful and Persistent misconduct, DOD directive states I should be discharged for unsuitability for further retention in the service due to the diagnosis of a personality disorder. That my Character of service would be based solely on my service records which document no other problems documented by the record.
The Courts decision was correct because I was discharged under provisions of DOD directive April 14, 1959, (the CVA upheld the Board decision that I predicated my defense on the wrong army Regulation ) I was discharged on 3-23-1962, under an Army reg that was cancelled 3 years before my discharge under its provisions. The DOD directive is new and material evidence. The CVA decision in reality was favorable to my claim (Which the Court did not mean it to be)
What are my options The Board decision was in August 2014 and the CVA decision was in 2016, what are my options and which other VA forms must be filed? I found the DOD directive about 5 months ago!
Thank you
Dan
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Berta
"If an issue is denied and you want to pursue further action, you may: v File a new claim with your local VA office; v File a motion asking the Board of
pacmanx1
My question would be are you fighting the right battle? Have you tried to upgrade your discharge through military records and submitting a DD form 149? Have you researched NOLO? There are a
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