Does anyone have knowledge about soldiers with Dishonorable and Bad Conduct discharges being over turned in order to draw VA benefits?

MAJ David Vermillion — Tue, 14 Apr 2015 16:30:37 -0400

Wanting to know if this is becoming a common practice because of the immaturity of many soldiers doing things because of youth.

Response by SPC Elijah J. Henry, MBA made Apr 14 at 2015 5:13 PM

SPC Elijah J. Henry, MBA — Tue, 14 Apr 2015 17:13:49 -0400

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?

Response by PO1 Dustin Adams made Apr 14 at 2015 5:46 PM

PO1 Dustin Adams — Tue, 14 Apr 2015 17:46:44 -0400

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.

Response by SP5 Michael Rathbun made Apr 14 at 2015 6:40 PM

SP5 Michael Rathbun — Tue, 14 Apr 2015 18:40:11 -0400

And what about all the ignominious 212s? Lots of bad military decisions out there still ruining lives.