• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Upgrading my discharge

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Ausar

Junior Member
My state of residence is California.

Please read this, your advice is needed. And thank you in advance!

I am 19 years old. At the age of about 14 I have experienced dizziness and headaches that lasted for a period of 1.5-2 years. However, doctors did not find anything abnormal, even though MRI, EKG and other tests were conducted. I was never told that this condition could be chronic or reoccurring, and doctors had an opinion that this problem was connected to the aging process, and that it would most likely go away in the future. I was prescribed some anti-depressants and anti-vertigo medication, but it never helped.

The problem did go away, and at the age of 16 I was actively playing ice hockey, running and just being a stud all around. At that time I knew I wanted to join the military, because that was my childhood dream, and dreams are supposed to come true. The following 1.5 years I spend preparing myself physically for the ordeal, running, doing push-ups, crunches, pull-ups, etc. At the age of 18 I went to the Navy recruiter, and let him know that I was serious about joining the service. When he was filling out my paperwork, he found my medical history in the system. He then proceeded to deleting any records of me being treated for my problem, therefore making my record absolutely clean. I took the ASVAB test and scored 93, but got disillusioned with the Navy, and decided to join the Marine Corps. And that is exactly what I did, going into the 0300 infantry field to get some, ooorah! I told the recruiter about the dizziness episode, but since they didn't see anything in the system they told me to forget about it, if I wanted the "process to go fast and smooth".

So I passed all of their physical exams, shipped to boot. Was an outstanding recruit, 285 PFT, expert, PFC. Then I went to my infantry training in Alpha Company at ITB, Camp Pendleton. The training was grueling. On one of the shooting ranges, a 40 mm grenade exploded close to my position, leaving me stunned for a while, and setting my ears to ring for the following day. After about a week from there, and close to the end of my training, I started to experience the dizziness and the headaches, plus balance problems, all being very intense. We were constantly in the field, and I asked to see the corpsman, but all he did was check my vitals and gave me Motrin. I kept asking to see the doctor, since I was hurting and could not continue the exercises, even though I wanted too. My sergeants accused me of malingering and promised to NJP me, etc, etc. I was finally afforded an opportunity to see the nurse in our local area naval hospital, but he gave me light duty for a day and some more Motrin and Tylenol.

To make a really long story short, I was sent to Rehabilitation Platoon at our school of infantry, and started seeing a neurologist at the Naval Hospital, Camp Pendleton. After all of the tests were in, the doctor found that my dizziness and headaches, loss of balance and disorientation comes from damage to the inner ear. I believe that this happened because of the incident with the grenade, as I have told the doctor. However, it seemed that she omitted my remarks in my treatment record. At the same time the Marine Corps has found my civilian medical records, from back when I was 14, and charged me with Fraudulent Entry Into Military Service. I got the General, under Honorable discharge with Fraudulent Entry Into Military Service remarks.

Now, I'm out in the real world since being discharged in October 2009, after serving for 8 months. I am not only suffering from the dizziness and headaches, memory loss, balance loss and nightmares, but also from everyday knee pain, back pain, ankle pain. And I have no health coverage to address these issues, nor do I have a job (and I cannot receive unemployment insurance) since I am practically disabled.

Here is my question: what should I do? Do I ask to upgrade my discharge to honorable, or do I ask to change the narrative of the discharge on my DD214? To what should I change the narrative? What benefits, if any, can I be entitled to? I'm pretty desperate at the moment, to be honest.

Also, if it helps, I have an absolutely clean driving and criminal record, never got into any trouble. Oh, and I am not even a citizen of the United States, and still joined out of an obligation to serve.

That was long, thank you.
 


ERAUPIKE

Senior Member
My state of residence is California.

Please read this, your advice is needed. And thank you in advance!

I am 19 years old. At the age of about 14 I have experienced dizziness and headaches that lasted for a period of 1.5-2 years. However, doctors did not find anything abnormal, even though MRI, EKG and other tests were conducted. I was never told that this condition could be chronic or reoccurring, and doctors had an opinion that this problem was connected to the aging process, and that it would most likely go away in the future. I was prescribed some anti-depressants and anti-vertigo medication, but it never helped.

The problem did go away, and at the age of 16 I was actively playing ice hockey, running and just being a stud all around. At that time I knew I wanted to join the military, because that was my childhood dream, and dreams are supposed to come true. The following 1.5 years I spend preparing myself physically for the ordeal, running, doing push-ups, crunches, pull-ups, etc. At the age of 18 I went to the Navy recruiter, and let him know that I was serious about joining the service. When he was filling out my paperwork, he found my medical history in the system. He then proceeded to deleting any records of me being treated for my problem, therefore making my record absolutely clean. I took the ASVAB test and scored 93, but got disillusioned with the Navy, and decided to join the Marine Corps. And that is exactly what I did, going into the 0300 infantry field to get some, ooorah! I told the recruiter about the dizziness episode, but since they didn't see anything in the system they told me to forget about it, if I wanted the "process to go fast and smooth".

So I passed all of their physical exams, shipped to boot. Was an outstanding recruit, 285 PFT, expert, PFC. Then I went to my infantry training in Alpha Company at ITB, Camp Pendleton. The training was grueling. On one of the shooting ranges, a 40 mm grenade exploded close to my position, leaving me stunned for a while, and setting my ears to ring for the following day. After about a week from there, and close to the end of my training, I started to experience the dizziness and the headaches, plus balance problems, all being very intense. We were constantly in the field, and I asked to see the corpsman, but all he did was check my vitals and gave me Motrin. I kept asking to see the doctor, since I was hurting and could not continue the exercises, even though I wanted too. My sergeants accused me of malingering and promised to NJP me, etc, etc. I was finally afforded an opportunity to see the nurse in our local area naval hospital, but he gave me light duty for a day and some more Motrin and Tylenol.

To make a really long story short, I was sent to Rehabilitation Platoon at our school of infantry, and started seeing a neurologist at the Naval Hospital, Camp Pendleton. After all of the tests were in, the doctor found that my dizziness and headaches, loss of balance and disorientation comes from damage to the inner ear. I believe that this happened because of the incident with the grenade, as I have told the doctor. However, it seemed that she omitted my remarks in my treatment record. At the same time the Marine Corps has found my civilian medical records, from back when I was 14, and charged me with Fraudulent Entry Into Military Service. I got the General, under Honorable discharge with Fraudulent Entry Into Military Service remarks.

Now, I'm out in the real world since being discharged in October 2009, after serving for 8 months. I am not only suffering from the dizziness and headaches, memory loss, balance loss and nightmares, but also from everyday knee pain, back pain, ankle pain. And I have no health coverage to address these issues, nor do I have a job (and I cannot receive unemployment insurance) since I am practically disabled.

Here is my question: what should I do? Do I ask to upgrade my discharge to honorable, or do I ask to change the narrative of the discharge on my DD214? To what should I change the narrative? What benefits, if any, can I be entitled to? I'm pretty desperate at the moment, to be honest.

Also, if it helps, I have an absolutely clean driving and criminal record, never got into any trouble. Oh, and I am not even a citizen of the United States, and still joined out of an obligation to serve.

That was long, thank you.
You will not be able to upgrade your discharge.
 

Ausar

Junior Member
Same question: why? What is the argument to support your statement?

You've read mine: I got a disability while in service, both my knees and my back from hiking and an aggravated disability from being blown up on the shooting range.
 

ERAUPIKE

Senior Member
Same question: why? What is the argument to support your statement?

You've read mine: I got a disability while in service, both my knees and my back from hiking and an aggravated disability from being blown up on the shooting range.
If you can remember you were asked about any conditions that resulted in hospitalization, even for tests. You failed to disclose that condition and you are guilty of fraudulent enlistment. Your current hardships do not change the fact that you did not, with the knowledge that you could be charged with a crime, disclose your medical condition.
 

Ausar

Junior Member
Yes, I can remember that. I was never hospitalized, all the tests were done as an outpatient procedure, and they revealed nothing.

Meanwhile, I served my time honorably, and got a disability in service. What about that? What if I lost an eye, or an arm? Here is the same thing. What the hell would this Fraud narrative do? No benefits?
 

ERAUPIKE

Senior Member
Yes, I can remember that. I was never hospitalized, all the tests were done as an outpatient procedure, and they revealed nothing.

Meanwhile, I served my time honorably, and got a disability in service. What about that? What if I lost an eye, or an arm? Here is the same thing. What the hell would this Fraud narrative do? No benefits?
The tests were done at the hospital, correct. You have already lost this argument once with the Marines. You will accomplish nothing by convincing me that you "forgot" to tell the military about your medical history.

You did serve your 8 months honorably except for the part where you lied about your medical history. You could file an appeal for an upgrade hearing but the evidence doesn't seem to be on your side.
 

WaltinPA

Member
Yes. Forget it!

As you have been told, things are unlikely to change in your favor because there's no correction necessary. You're simply unhappy with the circumstances & details of your discharge. So are a lot of other former troops!

I served 26 years in uniform myself. According to your testimony, your recruiter should also be in trouble for the falsification of information s/he did on your behalf. Because of that, you managed to get in. I served with a young lieutenant who made one 'false official statement' that came back to haunt him & eventually wreck his career. Your story indicates that you made several & you got away with them for a time.

In retrospect, you probably should have stayed with the Navy. You might have avoided the proximity to exploding ordnance that resurfaced your latent medical problems in a Marine ground combat scenario.

The bottom line, we live and learn amd life goes on.
 

Skip88

Junior Member
Sol

My state of residence is California.

Please read this, your advice is needed. And thank you in advance!

I am 19 years old. At the age of about 14 I have experienced dizziness and headaches that lasted for a period of 1.5-2 years. However, doctors did not find anything abnormal, even though MRI, EKG and other tests were conducted. I was never told that this condition could be chronic or reoccurring, and doctors had an opinion that this problem was connected to the aging process, and that it would most likely go away in the future. I was prescribed some anti-depressants and anti-vertigo medication, but it never helped.

The problem did go away, and at the age of 16 I was actively playing ice hockey, running and just being a stud all around. At that time I knew I wanted to join the military, because that was my childhood dream, and dreams are supposed to come true. The following 1.5 years I spend preparing myself physically for the ordeal, running, doing push-ups, crunches, pull-ups, etc. At the age of 18 I went to the Navy recruiter, and let him know that I was serious about joining the service. When he was filling out my paperwork, he found my medical history in the system. He then proceeded to deleting any records of me being treated for my problem, therefore making my record absolutely clean. I took the ASVAB test and scored 93, but got disillusioned with the Navy, and decided to join the Marine Corps. And that is exactly what I did, going into the 0300 infantry field to get some, ooorah! I told the recruiter about the dizziness episode, but since they didn't see anything in the system they told me to forget about it, if I wanted the "process to go fast and smooth".

So I passed all of their physical exams, shipped to boot. Was an outstanding recruit, 285 PFT, expert, PFC. Then I went to my infantry training in Alpha Company at ITB, Camp Pendleton. The training was grueling. On one of the shooting ranges, a 40 mm grenade exploded close to my position, leaving me stunned for a while, and setting my ears to ring for the following day. After about a week from there, and close to the end of my training, I started to experience the dizziness and the headaches, plus balance problems, all being very intense. We were constantly in the field, and I asked to see the corpsman, but all he did was check my vitals and gave me Motrin. I kept asking to see the doctor, since I was hurting and could not continue the exercises, even though I wanted too. My sergeants accused me of malingering and promised to NJP me, etc, etc. I was finally afforded an opportunity to see the nurse in our local area naval hospital, but he gave me light duty for a day and some more Motrin and Tylenol.

To make a really long story short, I was sent to Rehabilitation Platoon at our school of infantry, and started seeing a neurologist at the Naval Hospital, Camp Pendleton. After all of the tests were in, the doctor found that my dizziness and headaches, loss of balance and disorientation comes from damage to the inner ear. I believe that this happened because of the incident with the grenade, as I have told the doctor. However, it seemed that she omitted my remarks in my treatment record. At the same time the Marine Corps has found my civilian medical records, from back when I was 14, and charged me with Fraudulent Entry Into Military Service. I got the General, under Honorable discharge with Fraudulent Entry Into Military Service remarks.

Now, I'm out in the real world since being discharged in October 2009, after serving for 8 months. I am not only suffering from the dizziness and headaches, memory loss, balance loss and nightmares, but also from everyday knee pain, back pain, ankle pain. And I have no health coverage to address these issues, nor do I have a job (and I cannot receive unemployment insurance) since I am practically disabled.

Here is my question: what should I do? Do I ask to upgrade my discharge to honorable, or do I ask to change the narrative of the discharge on my DD214? To what should I change the narrative? What benefits, if any, can I be entitled to? I'm pretty desperate at the moment, to be honest.

Also, if it helps, I have an absolutely clean driving and criminal record, never got into any trouble. Oh, and I am not even a citizen of the United States, and still joined out of an obligation to serve.

That was long, thank you.
I hate to condone the Marine Corps actions, but it is slightly positive to know that I'm not the only one being physically and mentally damaged from prior military service without compensation.
 

ERAUPIKE

Senior Member
Yes, I can remember that. I was never hospitalized, all the tests were done as an outpatient procedure, and they revealed nothing.

Meanwhile, I served my time honorably, and got a disability in service. What about that? What if I lost an eye, or an arm? Here is the same thing. What the hell would this Fraud narrative do? No benefits?
I am not here to answer hypothetical questions.
 

ERAUPIKE

Senior Member
I hate to condone the Marine Corps actions, but it is slightly positive to know that I'm not the only one being physically and mentally damaged from prior military service without compensation.
Again, what did you expect when you deserted?
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top