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Am I eligible for Post 9/11 GI Bill as prior-enlisted midshipman? Honorable discharge -Enlisted, general discharge-Naval Academy

Annapolis, MD |

I am currently a prior-enlisted midshipman. I was honorably discharged from enlisted service before reporting to the Naval Academy. I have received a "Certificate of Eligibility" from the Department of Veterans Affairs entitling me to 70% of Post 9/11 GI-Bill Benefits. My contract is up and I want to transfer to a civilian institution.

My question is: If I was to voluntarily resign from the Naval Academy and was given a General Discharge (Under Honorable Conditions) as a midshipman, would this revoke my previously approved GI-Bill eligibility that I gained during my first period of enlisted service?

A VA representative stated that "periods of service [at service academies] do not count toward qualification for post 9/11 GI Bill." ....But does it count toward DISqualification?

Thanks!

Attorney Answers 4


  1. FWIW, I do not believe it will have any impact on your previously approved eligibility--but why not get that straight from the VA. Call them again. Best of luck shipmate.

    NOT LEGAL ADVICE. FOR EDUCATION AND INFORMATION ONLY. Mr. Rafter is licensed to practice in the Commonwealth of Virginia and the US Federal Courts in Virginia. There is no implied or actual attorney-client relationship arising from this education exchange. You should speak with an attorney licensed in your state, to whom you have provided all the facts before you take steps that may impact your legal rights. Mr. Rafter is under no obligation to answer subsequent emails or phone calls related to this matter.


  2. The final deciding authority on 9/11 GI Bill is VA, but you can appeal their determination. Prior-enlisted servicemembers with honorable discharges qualify for GI Bill. Thus, contact the VA, and if you have any issues on the appeal, then you may want to consider hiring an attorney.

    This information is intended for public use only, it does not form an attorney-client relationship and it does not constitute legal advice. If you seek legal advice on military law issues, contact an military law attorney. My contact information is novalegalservices@live.com or 804-955-9867.


  3. You need to contact the VA. You can reach the VA to answer GI Bill related questions at www.gibill.va.gov or by telephone at 1-888-GIBill1. If you have questions concerning the transferability of benefits, email them to www.dmdc.osd.mil/TEB. Good luck. If you still need help getting the answer you are looking for, give me a call. The initial consultation is always free.


  4. I agree with the others. You should go right to the source and ask the VA. I know a VA rep may have made that statement, but you should seek your further clarification straight from them, and specifically ask them to cite you to the legal source (regulation, policy, etc.) so you can take a look at it yourself. If you disagree with the answer you are given, or you ultimately want to appeal a benefits denial, you should contact an attorney.

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