Posted on Mar 11, 2019
A1C Eric Skaggs
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I got hurt on duty. The doctor said I couldn't lift more than 5 pounds so I couldnt do my job. My first sergeant said he would do me a favor and let me out early with my honorable discharge and my gi bill. I later found out I got an under honorable conditions discharge and I should've gotten an honorable medical discharge with a disability rating and my gi bill. That was over 20 years ago. What can I do to right this wrong?
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Responses: 6
LTC Jason Mackay
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This link from the NPRC describes the process and forms. I'd recommend seeking assistance from a VSO or a state veteran center to ensure you have put together a package that is supported and makes sense. https://www.archives.gov/veterans/military-service-records/correct-service-records.html

Request your records from below if you don't have them, including medical records.
https://www.archives.gov/veterans/military-service-records
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A1C Eric Skaggs
A1C Eric Skaggs
5 y
Thanks. What vso or vet centers do you recommend?
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LTC Jason Mackay
LTC Jason Mackay
5 y
A1C Eric Skaggs - despite your recent run in with DAV, I used DAV for my VA Claim and they helped me well. VFW. American Legion. I saw you are in Pittsburgh. There is a VA Veterans Center there in Pittsburgh. We have these things called VetCenters in Colorado. Stars and Stripes signs. They help,with about anything you can imagine.

Gather all your documents and prepare to meet.

National Resource Directory https://nrd.gov

States or even counties have veterans affairs offices (not VA) that assist veterans with issues that other organizations don't. Was unable to see what PA had. The county I live in has one too.
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A1C Eric Skaggs
A1C Eric Skaggs
5 y
Maybe the dav will make up for their mistreatment by helping me with discharge upgrade gi bill and disability claim. What do you think?
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LTC Jason Mackay
LTC Jason Mackay
5 y
A1C Eric Skaggs - I commented on your other post with a recommendation. These are volunteers that help people with VA claims and other veteran issues. I don't think you need to try and hold them hostage.

I think if you current challenges are getting in the way of seeing a process through you need to get someone to help you see it through. Start with someone local and accessible and get started.
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SGT Infantryman
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You can still file for VA disability with an Honorable Conditions discharge. You won't likely be able to get the claim back-dated, but you should have no problems establishing your claim with the medical records. Once you are in the system, you can work on increasing your rating, and working on getting an upgrade or correction to your discharge.
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SGT Christopher Combs
SGT Christopher Combs
5 y
I do know someone who deployed to Iraq then got kicked out of the Army with an Other than Honorable discharge for failing a drug test. She was able to get 60 % disability because the VA changed some policies for veterans that deployed could have used drugs to cope with PTSD so it makes then still eligible. I think it's bullshit because I know she lied about the whole thing. Unfortunately we have a lot of people screwing the system and getting compensated and the ones that actually need it aren't.
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SGT Infantryman
SGT (Join to see)
5 y
I know of a crayon eater that was discharged from boot with the Big Chicken Dinner. He managed a 100% T&P for PTSD. Apparently someone died during his training cycle, causing his misconduct that bought him the BCD. I do not know if he ever got his BCD upgraded. I do know that the few times I ran across him, I observed that his demeanor was highly variable, from calm, to crazy eye, to Foxtrot Sierra Unicorn in seconds flat, depending on who may have been observing, and who he may have been interacting with.
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1SG Civil Affairs Specialist
1SG (Join to see)
5 y
Ain't no way this gets backdated. Claim date is established by filing a claim, not woulda, shoulda, coulda.
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1SG Retired
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1SG Civil Affairs Specialist
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Edited 5 y ago
"I later found out I got a (UHC)"... WUT?
These things have a process, and I am quite sure that you were told about recommendations for characterization. Judging by your circumstances, you had too little time in the USAF to qualify for a medical discharge, and got chaptered for inability to perform (non-misconduct).
A UHC is not the kiss of death, so don't hang your hat on the notion that that is an impediment to getting VA benefits.
1. Honorable Discharge - to get a discharge upgraded, you must petition your service Secretary and/or the Board of Military Corrections. LTC Jason Mackay has an excellent answer for that, so I won't repost the same.
2. GI Bill - your eligibility may well have expired as most GI Bill subsections are good for 10 years after REFRAD. You might have a loophole with the recent changes to Post 9/11 GIB benefits, but it sounds like your service predates 9/11.
3. VA Disability - you want this, you have to file for it. Right now, file a VA 21-0966 (Intent to File) so you can lock in your date of claim. That gives you a year to get your documents together for your actual claim, which I imagine might be a project after all this time passing. I see it all the time in my job at VA. Try to get all of your relevant documents (especially the documentation of your injury!) yourself, but if you can't, the VA has an obligation to assist you with getting the records you need. It will be much more timely if you get what you need yourself, though.

As I alluded to above, your situation is not very unusual at all. But you need to get on it.
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