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OTH DISCHARGE

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My cousin just got out the Army last month. He was chartered out for a DUI/ alcohol abuse. He was deployed 3 times and has problems  dealing with his thoughts/ memories about his deployments and said that's why he drinks.  He served for 7yrs and 11 months he was an E-6 but was chaptered out is a private E-1. Does he qualify for any Veterans benefit? Can he file any claims for his injuries, he was also admitted to the post hospital for mental problems before his DUI. Any information will help.

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I know some may disagree, but your cousin needs to fill out and file DD Form 149 and send it in. This form should be mailed to the branch of service that he/she was in and let them decides if they would upgrade his/her discharge. Some veterans like to try to do this through the VA, but it is best in my experience to let the Board of Military Records Decides and if upgraded then he/she can file for disability compensation.

dd0149.pdf (dfas.mil)

My intentions are to help, my advice maybe wrong, be your own advocate and know what is in your C-File and the 38 CFR that governs your disabilities and conditions.

Do your own homework. No one knows the veteran’s symptoms like the veteran. Never Give Up.

I do not give my consent for anyone to view my personal VA records.

 

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He would be eligible for all VA benefits based on any honorable discharges, for periods prior to his OTH discharge.  Each time someone reenlists, they are discharged w/an honorable discharge.  He would qualify, based on that service.  He should file for PTSD, w/secondary alcohol abuse due to his PTSD.  Then he should also seek that his OTH be upgraded to a medical/honorable/or general.  I'd pursue the medical first.  jmo

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I have a UTH it took a long time to get my benefits. All you have said above leads me to believe that he is suffering from PTSD. The first thing is he needs to seek help from the VA so they can document and diagnose his PTSD.  This will mean he will have to want help and ask for it. They can provide it to him for humanitarian reasons. He will need to do this for a year or more to create a record. Without knowing the circumstances of his UTH I can't give you any further advice. The fact that you are here instead of him kind of says he is not wanting to get help. The VA rules have changed in the last year or so to make it easier to get help for PTSD.

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You should contact NVLSP.  Its commonly called "bad paper" or bad paper discharge.  The military is famous for discharging Vets with a bad conduct paper instead of awarding PTSD benefits, since PTSD often seems just like bad conduct.  Yes, it includes "self medication" with alcohol or drugs.  Its often hard to admit you have PTSD and hitting alcohol or drugs is easier than trying to explain what you saw.  

https://www.nvlsp.org/what-we-do/lawyers-serving-warriors/assistance-with-discharge-upgrades-for-veterans-from-all-eras/?gad_source=1

You can try being david and facing the Goliath VA, or asking for help from NVLSP who has decades of experience and knows how to beat VA.  I suggest not going alone to a war at VA.  Bring your buddies, the NVLSP, they will be on your side.  Its a non profit and they wont charge you, vastly superior representation to a VSO.  

Source:  My personal experience with NVLSP.  Yep, they helped me win, when I could not.  

Edited by broncovet
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