He may have some limited VA medical benefits if he has or is later shown to have a service connected injury. But that's it. VA benefits are limited to the former service member. Families do keep benefits when a person is retired or leaves under certain early separation programs.
There is a lawyer joke.
Ask the same question of three lawyers each in the room with you and they will argue.
Ask the same question separately and they will give you a similar answer.
But, it's also not unusual to have several lawyers come to different conclusions about the merits of a case. The reasons can vary: different or incomplete facts, lack of knowledge, lack of experience, want your money, don't know and are guessing, are very good and see the forest for the trees, honest, not...
Yes, if you are here lawfully and otherwise qualify you can enlist.
Over the last ten years thousands of foreign nationals have been granted US citizenship using an expedited process by serving in the Armed Forces.
I assume your case was affirmed on appeal.
You would have up to 15 years from the date of discharge on your DD214 post-appeal in which to petition for an upgrade. It is not easy to do, especially with a court-martial conviction and BCD. Part of that will depend on what the charges were at trial, what you have done with your life since the military, and some special factors that I (and I think the Boards) look for to warrant an upgrade.
Your problem my be timing probably.
They will have to request a delay of the hearing.
There is case law about depriving an accused of his right to have civilian counsel present, even at an Article 32 hearing.
If they are smart they will all agree to a reasonable delay.
You can file for divorce.
If he contests it then he can exercise his right to try and delay proceedings under the Servicemembers Civil Relief Act. You are required to disclose his military status as part of your filing.
No, a general discharge is NOT automatically changed to an Honorable Discharge. There are people who WRONGLY say that there is an automatic upgrade after six months -- that's not true.
A Soldier discharged with something less than HD or a RE code less than 1 can apply to the Army Discharge Review Board. Here is a link to their website. It is not automatic. The person has up to 15 years from the date of discharge to apply.
If by file you mean make that part of the divorce the answer is yes. VA considers military retirement an asset of the marriage that can be divided at the time of divorce, and from which a spouse can receive a marital share. It sounds like you would be a 20/20/20 spouse which means you could get payments from DFAS once the divorce was finalized. You would keep medical and commissary benefits so long as you did not remarry.
But if you are not divorced and don't have some written separation...
1. You can be placed on legal hold for court-martial prosecution.
2. Depending on how long you have left they can initiate discharge proceedings for an OTH.
3. Orders aren't set in stone. The one exception would be if you have fulfilled your complete contract, not just to EAOS. In which case the only legal hold is for court-martial.
4. If court-martialed or they want to OTH then you should look to contesting this.