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So I don't normally post around here, but I had some questions and don't know where to start.
DH was OTH discharged. He refuses to 'appeal' it even though his former bosses said that it was possible and urged him to do it.
I believe he paid into the GI Bill, and I have been told that if he did, he is still entitled to it, despite the OTH. He will not discuss this matter with me at all. (Ridiculous, I know.) Is there anything I can do or anyone I can talk to get some more information about the possibility of him still being eligible for the GI Bill?
I haven't done much research on it at all. Any info you can provide would be very helpful. I'm really at a loss here.
Thanks.
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Re: GI Bill question
www.gibill.va.gov
That's a good place to get started. When it comes down to processing the paperwork, the school's financial aid office will help too.
What was the exact characterization? If it was administrative, the two choices are "General - Under Honorable Conditions" and "UOTHC - Under Other Than Honorable Conditions."
If it's not one of those options, is it a punitive discharge (result of a court martial)?
He will not be eligible. Changes to the law on Jan 4 made anyone with any type of discharge other than honorable, for any period of time, ineligible.
I recently found this out the hard way. While I was in ROTC, I joined a National Guard unit as a cadet for a couple months. It wasn't working out so I left. Because my time there was so short, I was given an uncharacterized discharge. Even though I served on active duty and was given an honorable discharge for that time, my uncharacterized discharge was preventing me from receiving GI Bill benefits. It took letters, phone calls and emails to the VA, the DoD, my Senator and the Senator that sponsored the Jan 4 updates for me to FINALLY be granted my benefits.
I can dig through my paperwork and find you the exact legislation if you want to read it.
I was under this same impression due to some experiences DH's friends have had. But it wouldnt hurt to call someone and ask.
I changed my name
He will not be eligible due to his discharge. That being said, if he TRULY has grounds to appeal it can be done thru a board for corrections for military records. I can't speak to anything but Army, but the Army Board for Corrections to Military Records would be the ones to make the decision.
If he won't talk to you about this I would let it go for now. If he did do something he may want to leave it in the past. If he didn't, then maybe he needs to work through it.
Regardless, he is not eligible for GI Bill benefits, VA loan, etc.
I know why it happened, so there is no secret or anything to leave in the past. It was an administrative separation as far as I know. so I would imagine it to be UOTHC. They were originally going to court martial him, but kept changing their minds about it. Eventually, they just took away all of his privileges and docked his pay before kicking him out of the rest of his (reserve) contract. It happened right at the end of his 4 years, so they ended up keeping him an extra 2 months just to punish him. It was pretty stupid. I'm very sad that all of the work he did, things he achieved and time he spent deployed was essentially for nothing.
This would be very helpful!