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Discharge Upgrade

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silverbug84

Junior Member
Hello,

For the past few years I have been wondering if it would be possible to upgrade my General Under Honorable with a RE1 to a fully honorable. Basically what resulted in this General was low pro & con marks as a result of an NJP that I had shortly before I EAS from the Marine Corps.

I have completed the required 4 yrs of IRR service and received a certificate that states that I have completed my Marine Corps term Honorably. So does this mean that I am now eligible for GI Bill benefits even though my DD214 states General Under Honorable with a RE-1? I'm a bit confused with that and would appreciate some clarification.

My argument to the DRB would be that I was mistreated in my last unit for being unable to perform my duties to Marine Corps standard. Since my EAS, I've been rated at as 70% disabled by the VA and my conditions affected my performance while in the service. I also would like to argue that I believe that I was singled out because of my limitations while in the Corp. For those of you that are Marines, know that an injured Marine or disabled Marine isn't really a good thing.

To top it off, I had no idea that I was receiving a General until the very last minute. All my EAS paperwork stated Honorable. I also find it odd that I received a RE-1 if in fact my General was a result of "Misconduct". I would appreciate any insight on this case or any past experiences. Thank you.
 


U

UMKEMESIK

Guest
I have completed the required 4 yrs of IRR service and received a certificate that states that I have completed my Marine Corps term Honorably. So does this mean that I am now eligible for GI Bill benefits even though my DD214 states General Under Honorable with a RE-1? I'm a bit confused with that and would appreciate some clarification.
Last time I checked you needed a Honorable Discharge (General w/ Honorable won't cut it). Though I remmber reading that they were placing exceptions (I think for Gays prior to DADT).

Your Local VA can tell you, I used mine while in the Service. Or go here:

Welcome to the GI Bill Web Site | The Home for All Educational Benefits Provided by the Department of Veterans Affairs

My argument to the DRB would be that I was mistreated in my last unit for being unable to perform my duties to Marine Corps standard. Since my EAS, I've been rated at as 70% disabled by the VA and my conditions affected my performance while in the service. I also would like to argue that I believe that I was singled out because of my limitations while in the Corp. For those of you that are Marines, know that an injured Marine or disabled Marine isn't really a good thing.

To top it off, I had no idea that I was receiving a General until the very last minute. All my EAS paperwork stated Honorable. I also find it odd that I received a RE-1 if in fact my General was a result of "Misconduct". I would appreciate any insight on this case or any past experiences. Thank you.
Article 15 w/ a "sun-set" discharge is common. You can apply to the Board of Corrections via DD form 149 (available online). You may want a Lawyer to draft something up, should not be to expensive to have them write a letter - but be careful.

Ordnarily this is a simple case that would have them DENY an upgrade (but you can keep trying). You should show them Charity work, letter of reccomendation (i.e. from a politician, preacher, etc.).

You raised an interesting issue. If your other EAS paperwork says Honorable, it may work in your favor because you can argue that Seperations screwed up (they do that a lot).

I would submit your EAS paperwork and argue you thought you were getting an Honorable (which it sounds like you did). But the fact that the Unit's paperwork was botched up may not entitle you to relief. It would depend on the paperwork you have.

For example, a simple out processing checklist with the words "Honorable" will not likely to help. But if your Seperation Orders say Honorable, you may have a claim.

If the Board denies relief you can sue under the Tucker Act, although it is difficult to do so because the Gov. would file a motion to rely on the administrative record (the Board's decision). Courts will do so unless they find the Boards Decision Arbitrary.

Thus, you may find it to your advantage to file in the Federal Court first. But it is cheaper to file to the Marine Corps Board.

You have six years from THE DATE OF YOUR DISCHARGE (not the board's decision) to file in the Federal Court.

If your claim is under $10,000 (not counting back payment) your suit will be heard in the local District Court. For claims over $10,000 you would go to the Federal Court of Claims which is ultra-conservative and pro-Government in these issues.

Hope you found this helpful.
 

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