| |  |
| Home | Law Advice | Insurance Advice | Community |
| |
| ||||||||||||
| |||||||||||||
| | |||||||||||||
| |||||||
| | |
 |
| | LinkBack | Thread Tools | Rate Thread | Display Modes |
|
#1
03-01-2005, 09:24 AM
| |||
| |||
Daughter was discharged due to injuryWhat is the name of your state? Wisconsin My daughter was recently discharged from the Marines due to a fractured pelvis and a severe case of tendonitis. She is still having problems with her injury and was told in her separations class that she could go to the VA for any problems relating to her injury. However, when she went they more or less told her that she didn't have that right because she was only in for 11 months. I believe part of the problem is that she was discharged administratively rather than medically because the doctors told her that her pelvis was "beginning to heal" after 9 months of it separating. At the VA, they told her that she should try to change her discharge to a medical discharge. Is this possible to do? How would she go about doing this? Also, when she was discharged she was told that she'd receive a final check for the remainder of her contract and any unused leave. It's been two months and she still hasn't seen anything except for a couple hundred on Jan 15th that was deposited into her account for her last week in (she was discharged Dec 30, 2004). Does anybody know anything about this "final" check? And who she would contact regarding this check? Any insight into these two matters would be greatly appreciated. Thank you in advance. |
|
#2
03-01-2005, 09:43 AM
| |||
| |||
| How old is your daughter, how did she fracture her pelvis? When did the injury occur? What type of dischard did she receive and reenlistment code? |
|
#3
03-01-2005, 10:01 AM
| |||
| |||
| Quote:
|
|
#4
03-04-2005, 09:48 AM
| |||
| |||
| Does anyone have any advise on this situation. |
|
#5
03-04-2005, 10:43 AM
| |||
| |||
| Regarding the discharge: take all documentation, including military medical records, and file an application for correction of records with the Navy/Marine Corps Board for Correction of Military Records, requesting relief in the form of a medical discharge. Regarding the pay: start administratively by calling DFAS. If they stonewall you, attempt internal appeals. If that fails, you can file in the Federal Court of Claims an action for the final pay -- though, if the amount is less than $10,000, you can also file in Federal District Court where you live.
__________________ The giving or taking of any advice given in this forum does not constitute an attorney-client relationship and any readers of any posts acknowledge that they are not in any type of attorney client relationship with the poster. |
|
#6
03-04-2005, 10:48 AM
| |||
| |||
| Sorry I missed your response the other day  She can request upgrand/review from the Dept of Navy, Naval Discharge Review Board, they handle both Navy and Marine Corps discharge upgrades, apparently the RE-3 is the problem. http://hqinet001.hqmc.usmc.mil/ig/Complaints%20%20(BCNR).htm This is the form [url]http://www.dtic.mil/whs/directives/infomgt/forms/eforms/dd0293.pdf[/url] Semper Fi |
|
Linear Mode
