Can one gain veteran benefits when their discharge has been upgraded?

2014-10-29T00:52:35-04:00

My discharge was upgraded from Chapter 13 to Chapter 11. Does my benefit eligibility change with the upgrading of my discharge status?

Response by PO3 Shaun Taylor made Oct 29 at 2014 1:58 AM

2014-10-29T01:58:22-04:00

yes you can if you're already receiving benefits with your current discharge status then you should be able to keep them if you're upgraded.

Response by CW2 Joseph Evans made Oct 29 at 2014 2:01 AM

2014-10-29T02:01:21-04:00

You may want to clarify this one.
If you are referring to the "Character of Service" on your DD214, getting it "upgraded" provides you access to more veteran benefits.
For example: An "Other than Honorable" would prevent you from receiving most education benefits like the GI Bill or the Post 9/11 Bill. Having it changed to a "General Under Honorable Conditions" would provide education benefits between $1500 to $2000 a month for 36-48 months.
If you are asking if you should consider having your "Character of Service" appealed with the help of someone practiced at assembling an appeal package, I would say do it.

Response by SPC Kel Rowland made Oct 29 at 2014 4:13 PM

2014-10-29T16:13:10-04:00

I find it humorous that they only give you enough to get an Assosciates when a Bachelors is what a person really needs to survive on... Oh well.

Oh and it is like 33 months, nowhere near 48 months on that thing...

Response by SSG Private RallyPoint Member made Nov 8 at 2014 12:18 PM

2014-11-08T12:18:17-05:00

SPC Charles Williams, since I don't know the specifics of your DD-214 blocks 23-28 or other documents you received, this is my best educated guess

AR 635-200
A Chapter 13 Separation for Unsatisfactory Performance - the service of Soldiers separated because of unsatisfactory performance will be characterized as honorable or under
honorable conditions as warranted by their military records. So if you were discharged under this chapter, your DD214 would have reflected a either one "characters of service" from above.

Now if you say your discharge was changed to Chapter 11 Entry Level Performance and Conduct, this is very different because it applies to:
(1) Enlisted in the RA, ARNG, or USAR.
(2) Are in entry-level status, undergoing IET, and, before the date of the initiation of separation action, have completed no more than 180 days of creditable continuous AD or IADT or no more than 90 days of Phase II under a split or alternate training option.

Several factors play into this:
(a) Cannot or will not adapt socially or emotionally to military life.
(b) Cannot meet the minimum standards prescribed for successful completion of training because of lack of aptitude, ability, motivation, or self-discipline.
(c) Have demonstrated character and behavior characteristics not compatible with satisfactory continued service

However this discharge does not carry honorable or under honorable conditions; your service will be described as uncharacterized. Members given an ELS(entry level separation) are not eligible for veterans’ benefits or, under most circumstances, medical benefits.

When an enlisted person is discharged, their service is characterized, based on their conduct and performance. The possible characterizations are Honorable, General (under honorable conditions), Under Other Than Honorable Conditions (UOTHC). Individuals who are separated with less than 180 days of continuous active military service may be separated as an "Entry Level Separation"(failed Basic Training) In these cases, the characterization of service is called 'Uncharacterized'. All this means is a commander didn't have enough time to make a fair decision as to the overall service characterization based on that person's conduct & performance.

Prior to September 8, 1980, there was no minimum length of service necessary to be considered a veteran for most VA benefits. However, for an individual who enlisted after September 8, 1980, there are now certain minimum length of service requirements. The general requirement is either 24 months of continuous active duty or the “full period” for which the service member was called or ordered to active duty. To qualify for GI Bill benefits you have to serve a minimum of 36 months.

On the other hand, you could qualify for VA disability compensation or VA medical care with only one day of active duty. Don’t get too excited, because for disability or medical care, you have to meet a slew of other qualification requirements.

The Army Discharge Review Board reviews discharges of former soldiers, except those given by reason of a sentence of a General Court Martial or over 15 years since discharge. The objective of the Army Discharge Review Board (ADRB) is to examine an applicant's administrative discharge and to change the characterization of service and/or the reason for discharge based on standards of equity or propriety.

Remember the 15 years above? The deadline for applying to a BCMR(Boards for Correction of Military Records) or BCNR(Board for Correction of Naval Records) is less strict. You’re required to apply within three years of the date you first discover the “error or injustice” that you’re seeking to correct.

So to go back to your question "Can one retain veteran benefits when their discharge has been upgraded?", a Chap 11 is a step backward, this hurts your case.

Response by SPC Dennis Sentelle made Jan 18 at 2015 7:13 AM

2015-01-18T07:13:46-05:00

There are certain conditions as the reason for the original discharge even though it has been upgraded can still keep you from getting benefits. Some are 1. AWOL more than 180days. I am really not sure of others. Good luck.