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Medical discharge USMC ( I did 2 years)

Woodbridge, VA |

I got a medical discharge in 2005 general under honorable conditions. I didnt know this meant no GI bill benefits. After 4 months I began the paper work to change my type of discharge. I talked to a few representatives from the VA and they said my case was an easy one as didnt have any type of misconduct. The first rep gave me some paper work which I completed and sent it to the board. They responded saying that it was the wrong documet. I went to the VA and talked to someone else and they gave me a different form, which it was the correct one but it was an old doc so I needed to resend a new version of it. This process took around 8 months and at the time I was going to some rough times with my family and decide not to deal with the government. Can I still change my type of discharge?

Attorney Answers 4

  1. You have up to 15years from the date of discharge to submit for an upgrade.
    generally the first look is a paper review, and then you go back later and ask for a personal appearance. So you are still within the application timeline.
    If you were medically discharged and there was no misconduct I'm not sure why you did not get an honorable discharge to start. So it's possible with some investigation that there is a challenge based on that.
    You should gather all of your military records, especially those related to the separation to begin an examination of these issues.;; 703-298-9562, 800-401-1583. Answering your question does not create an attorney-client relationship.

  2. These cases are very fact specific, and you should have an attorney review your entire case file and advise you as to the chances of getting your discharge upgraded.

    This post is for information purposes only and does not constitute legal advice, nor does it establish an attorney client relationship with Mr. Cassara.

  3. You can try.

    FYI, the majority of those who apply do NOT receive a favorable outcome.

    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.

  4. In order to have your character of service changed or corrected you need to apply to the appropriate board depending on the service you were a member of. I can help you put together your package and advocate on your behalf at the Board. I currently have a client who is going through the same process. Feel free to give me a call to discuss further. The first consultation is always free. Good luck.