Posted on Sep 7, 2014
Why is it that I completed basic and AIT yet the government is telling me I'm not a veteran?
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Why is it that I completed basic and AIT yet the government is telling me I'm not a veteran? I chose to join if their had been a war during my time in I would've went no questions asked my Co went shortly after I got out. I was hurt during basic training and still suffer from complications of those injuries not to include the cocktail of contamination I was drinking while at Ft. McClellan, AL my body is turning on itself one thing after another going wrong I'm only 34 yrs old I've got vertebral issues muscle spasms kidney disease (Addissons) but yet the military and Monsanto won't own up to the crap they put me and countless others through including my Father who served at McClellan for over 6 years. He's dead now some rare form of cancer doctors had never seen before. So why is it I am having to fight to be considered a veteran? Oh yea the buearocratic loop holes gotta love those. Well maybe I will still be alive to see justice for me and my father and maybe my kids won't inherit this jacked up crap our military has put so many of us through. I'm beyond pissed when I went to the VA after 15 years of being out of the service not knowing what was happening to me and they look me dead in the eyes and say sir ur not considered a veteran. I have my dd214 that says I served honorably so why am I not? The only reason they are considering that decision is I got hurt during active duty Boot Camp. But of course their aren't any medical records to prove this I don't even know what facility they took me to.
Posted >1 y ago
Responses: 7
That is a unique situation. I have never heard of this. I have had soldiers that got out of the guard, Med Board, and still get care after they got out. I did my OCS at Mcclellan as it is still used by the National Guard. There must have been some sort of admin separation that might have stripped any benefits. I have yet to see anyone get booted prior to their first ETS without a Med Board. I have a feeling that the separation code is something that is holding you up. What is the Code on your DD214.
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CPT (Join to see)
That DD214 was not your discharge from the military then. It was only stating you completing a period of active duty. You don't get a Discharge from the Army when you go back into the Guard. That is why it is void pretty much. You should have got an NGB form 22. It is like a 214 but from the Guard. Did you get one?
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CPT (Join to see)
That is the case for the DD214. They are only a statement for active duty and not a completion of service. When you are active duty army they are used verify your completion of active duty. I have been full time guard in the past and been to a few active duty schools and have got 5 or 6 DD214s that say the same thing. I was not discharged since I was in the guard but I only completed set period of active duty. The NGB 22 is what you will have to have.
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Trying to read through that I am trying to determine how you were discharged. Was it honorable? Medical? Why did you only do three years was that the contract?
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PFC William Teal
The archives sent me the same stuff I had. Enlistment records MEPS medical records but nothing from time in service. Dd 214 for boot and AIT and Honduras and panama 2 week training a but nothing else. I tried after boot I went as a follow up somewhere whether it was Jefferson barracks or Poplar Bluff VA. I didn't realize I had a claim for compensation until I got to talking to a fellow veteran about my situation. So I tried.
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PFC Bruce Lawrence
William, if you were a NG solider and did not get presidential orders to active duty for OEF OIF support or a national emergency you do not qualify for the current VA benefits. One of the things they leave out and just have in the fine print of your contract...I have seen this happen with a few MP's I was trying to assist with getting in the VA system in my home county. National Guard Units are state militia's and only qualify for the VA system if they are activated by presidential order and your unit is listed on that order from DA. Active duty for your two week training periods does not count as active duty time. After your Basic & AIT indoctrination you need to be activated for 30 days and 1 sec...then you are fully qualified for benefits at a reduced amount unless you served for a total of 3 years on the active duty call up.
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SFC Kelly Fuerhoff
PFC William Teal - For Guard and Reserve they are veterans if they served active duty 180 days or more (I believe) or serve 20 years and retire. Prior to last year the 20 years or more wasn't a qualification. They had to be active 180 days or more. I know nothing about being injured on active duty that allows them veteran status.
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SFC Kelly Fuerhoff
Also this is a reminder to everyone why you keep copies of EVERYTHING while you're in the military.
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By statute, a “veteran” is defined as a “person who served
in the active military, naval, or air service, and who was discharged or released therefrom under conditions other than dishonorable."
38 U.S.C. § 101(2); 38 C.F.R. § 3.1(d)
in the active military, naval, or air service, and who was discharged or released therefrom under conditions other than dishonorable."
38 U.S.C. § 101(2); 38 C.F.R. § 3.1(d)
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PFC William Teal
I can't agree more but if u check it out I promise you the VA is trying there very best to screw us veterans out of any benefits that we have coming to us.
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PFC William Teal
The Va's exact words to me looking me straight in the eyes is I was not considered a veteran. The guy had my dd214 in front of him HONORABLE discharge. I blew my top. I was told I had to fill out a complete veterans compensation benefits package and finally got a confirmation letter that my request is being processed jeez thanks lol. Just saying this is a complete disaster.
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SSG(P) Auston Terry
If you were never activated while in the Guard you would not be considered a veteran for the purposes of benefits regardless of the classification of your discharge.
At least that's how I read the criteria in the US Code.
At least that's how I read the criteria in the US Code.
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1LT (Join to see)
38 U.S. Code § 4211 - Definitions
(4) The term “eligible veteran” means a person who—
(A) served on active duty for a period of more than 180 days and was discharged or released therefrom with other than a dishonorable discharge;
(B) was discharged or released from active duty because of a service-connected disability;
(C) as a member of a reserve component under an order to active duty pursuant to section 12301(a), (d), or (g), 12302, or 12304 of title 10, served on active duty during a period of war or in a campaign or expedition for which a campaign badge is authorized and was discharged or released from such duty with other than a dishonorable discharge; or
(D) was discharged or released from active duty by reason of a sole survivorship discharge (as that term is defined in section 1174(i) of title 10).
(4) The term “eligible veteran” means a person who—
(A) served on active duty for a period of more than 180 days and was discharged or released therefrom with other than a dishonorable discharge;
(B) was discharged or released from active duty because of a service-connected disability;
(C) as a member of a reserve component under an order to active duty pursuant to section 12301(a), (d), or (g), 12302, or 12304 of title 10, served on active duty during a period of war or in a campaign or expedition for which a campaign badge is authorized and was discharged or released from such duty with other than a dishonorable discharge; or
(D) was discharged or released from active duty by reason of a sole survivorship discharge (as that term is defined in section 1174(i) of title 10).
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