Posted on Dec 27, 2022
PO2 Joshua Lancaster
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If I've separated honorably from active duty at 8+ years, and then received an OTH from the Reserves, will my VA benefits be effected? Will I still receive my Post 9/11 GI Bill that I received from AD?
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COL Randall C.
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Edited >1 y ago
PO2 Joshua Lancaster - Short answer is that MSgt (Join to see) is correct. Your active duty discharge eligibility won't be affected by the character of your reserve component discharge.

Long Answer: The VA determines the eligibility by the period of service. If you have a qualifying eligibility based on an honorable period of service it is not 'negated' by a period of bad service (OTH, BCD, etc).

For example, if you enlisted, had honorable service, got out, reenlisted, injured while doing 'dishonorable service' and got a 'dishonorable' characterization on your discharge, you might not be able to claim disability benefits on the dishonorable period of service. However, you would still be able to claim educational benefits based on your honorable period of service from your first enlistment.

The VA's language on this is, "A discharge characterized by the military as under honorable conditions is binding on VA and allows for VA to provide benefits if other eligibility requirements are met." If you review the VA factsheet* regarding the character of discharge, they address this on page 3 for the question, "What if the individual in question had more than one period of active military service?".

The same is in your situation. You have honorable discharge from active duty but an other than honorable discharge from the reserves. Your period of service on active duty will establish eligibility, assuming you meet whatever other requirements a benefit might have, based on an honorable characterization. Your reserve component period of service will not affect it.
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* VA Fact sheet - Claims for VA Benefits and Character of Discharge - https://www.benefits.va.gov/BENEFITS/docs/COD_Factsheet.pdf
* https://www.swords-to-plowshares.org/guides/back-to-back-and-conditional-discharges
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MSgt Electrical Power Production
MSgt (Join to see)
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Thank you sir!
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MSgt Electrical Power Production
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Edited >1 y ago
I believe an active duty discharge is not impacted by your subsequent reserve discharge. So you would be entitled to benefits, from the VA, based on your active duty service. But as LTC Eugene Chu mentioned you should contact JAG. They can advise you in any COA to take.

Edit:
After doing some reading it looks like the GI bill could be possibly locked to active duty time. But it is possible other benefits could be affected.
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COL Randall C.
COL Randall C.
>1 y
Short answer - agree completely.
Longer details and VA fact FAQ about this - https://www.rallypoint.com/answers/does-a-reserve-separation-effect-benefits-earned-from-ad?urlhash=8050978
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MSG Preventive Medicine Specialist
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Yea, you could have benefits affected. What will (should) is somewhere in the process if the chapter, you should receive counseling stating what benefits you'll keep and lose based on the recommendations of your Commander. Now, the final approving authority will have final say for what is kept/lost. Also, you'll be afforded the opportunity to speak with a lawyer (JAG)
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CPT Lawrence Cable
CPT Lawrence Cable
>1 y
COL Randall C. - I believe this article from Swords to Plowshares covers this sailor's situation. My advice would be to read this article, then contact a VSO and Apply. I believe that he would qualify for his initial Active Duty time, but he can also apply to have the characterization of his discharged changed. The GI bill stuff today is outside of my experience. https://www.swords-to-plowshares.org/guides/va-character-of-service-determination-an-alternative-to-discharge-review
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COL Randall C.
COL Randall C.
>1 y
CPT Lawrence Cable - *chuckle* ... you mean the article I referenced in my post (well, not one regarding changing the characterization ... the one from that site talking about his situation with separate periods of services)? Yep. It does. I also referenced a more authoritative source - a FAQ from the VA itself.

Bottom line - in his situation he does not need to have the VA do a 'Character of Service' determination. His honorable discharge from active duty is binding - the OTH from the reserve component will have no effect on it.
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CPT Lawrence Cable
CPT Lawrence Cable
>1 y
COL Randall C. - That is how I read that also. The GI Bill stuff I can't find anything definitive on that subject. The VA aren't the ones that authorize that part. I'm with SFC Boyd on this one. Contact VA or get a VSO and apply.
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MSgt Electrical Power Production
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MSG (Join to see) - Roger that!
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