Posted on Apr 14, 2015
Does anyone have knowledge about soldiers with Dishonorable and Bad Conduct discharges being over turned in order to draw VA benefits?
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Wanting to know if this is becoming a common practice because of the immaturity of many soldiers doing things because of youth.
Posted in these groups: 
Virginia Department of Veterans Services
Benefits
Virginia Department of Veterans Services Benefits
Posted 9 y ago
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And what about all the ignominious 212s? Lots of bad military decisions out there still ruining lives.
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Generally it depends on how long they served and what was the reason for the discharge. It is not a common practice to overturn dishonorable disacharges or BCDs. The exception is if they have re-enlisted, if they have more than one period of service and those other periods have been under honorable conditions then the VA will consider any disabilities incurred during those periods.
For example I had a Veteran with 4 years as an enlisted sailor that were honorable, the Veteran had a break in service then subsequently was commissioned in another branch of service where some crimes were committed and served time in Leavenworth. Because the first period of service was honorable any disabilities incurred during that time or are presumptive to any exposures (agent orange in this case) from that period are considered for VA benefits.
It is a little different though if the Veteran gets the board of corrections to upgrade the discharge.
For example I had a Veteran with 4 years as an enlisted sailor that were honorable, the Veteran had a break in service then subsequently was commissioned in another branch of service where some crimes were committed and served time in Leavenworth. Because the first period of service was honorable any disabilities incurred during that time or are presumptive to any exposures (agent orange in this case) from that period are considered for VA benefits.
It is a little different though if the Veteran gets the board of corrections to upgrade the discharge.
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MAJ David Vermillion
I understand where you are coming from, I guess I was thinking that once you received a DD or BCD, your good service periods would be voided.
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TSgt Kevin Buccola
Can I Get a Discharge Upgrade?
You can apply to the Discharge Review Board (DRB) of your branch of the service for a discharge upgrade or a change in the discharge reason (that is, character of service). To get your discharge upgraded or your character of service changed, you will have to show that your discharge was “improper" or "inequitable." Improper means factually incorrect or inconsistent with the law. Inequitable means inconsistent with the traditions and policies of the service.
An example of a discharge that qualifies for an upgrade might be that a veteran served honorably and had a single bad incident or was abusing drugs or alcohol as a means of self-medicating post-traumatic stress disorder.
You can apply to the Discharge Review Board (DRB) of your branch of the service for a discharge upgrade or a change in the discharge reason (that is, character of service). To get your discharge upgraded or your character of service changed, you will have to show that your discharge was “improper" or "inequitable." Improper means factually incorrect or inconsistent with the law. Inequitable means inconsistent with the traditions and policies of the service.
An example of a discharge that qualifies for an upgrade might be that a veteran served honorably and had a single bad incident or was abusing drugs or alcohol as a means of self-medicating post-traumatic stress disorder.
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PO1 Dustin Adams
Major Vermillion, when the VA makes a character of discharge determination they review the entire record, if there is a determination of a pattern of misconduct that extends into the honorable period(s) of service that time may not be separated out for consideration of VA benefits. The determination is made on a case by case basis as every case is different.
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I haven't heard of such a thing specifically, MAJ David Vermillion. Did you hear of an actual instance, and wonder if it's common?
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MAJ David Vermillion
I happen to know of a person who received a DD and is trying to get it over turned. I don't think it will happen but things change in our society so I was wondering if anyone has heard of this going on where they live.
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