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I served my first contract honorably. I am currently on my second. If I were to get an other than honorable discharge, would I still receive my GI bill?
US Code. Title 38, Ch 33 is the closest thing to give me the answer, but I'm not sure if there is anything else? The way I read that I would in fact be eligible
I would speak to a recruitment station and ask. These types of questions are probably administrative and don't need analysis of U.S.C to derive an answer
"You must have received an honorable discharge to be eligible for the Post-9/11 GI Bill. "
Source: Financial Aid & Scholarships | Determine Chapter Eligibility
After checking the actual text of the law, it talks about the aggregate of service. In other words, all your contracts taken together. And if they do that then getting a less than honorable or medical discharge would likely disqualify you. My guess is the VA (which administers the program) would look at the second discharge and base eligibility on that. Which would mean you would have to appeal their ruling which would mean going to court to reverse their ruling.
Scottgem, you must not have read the question in which it clearly says I have already received one honorable discharge. Also, any answers that say one way or the other would be much better accepted if there was proof somewhere. EVERYONE thinks they know the answer one way or the other to this, but few can lead me to the black and white that says it.
Scottgem, I re-read your response. I talked to a retired jag, and he is the one who gave me the info I currently have. He made it seem as if I would in fact get it because it only states you must have 3 years honorably served to fully gain your benefits.
First, I DID read your question. I understood exactly what you are saying. That's why I referred to the "aggregate" of service. Do you understand what that word means? It means both contracts taken together.
Second, you are asking for a black and white answer to a question where there is no black and white answer. The law doesn't specifically address the issue of a veteran with two separate enlistments where the second enlistment results in a less than honorable discharge. Where the law doesn't specifically address an issue, the administrators or maybe the courts have to interpret the law. And how the law is interpreted is a guess.
I wish I could give you a black and white answer but I can't. I don't have the resources to research case law and see if there have been any other instances that match your circumstances. I don't even know if such a case exists. The law doesn't address the issue.
No I don't think I know the answer. I said it was my guess. That is all that anyone can give you.
So the only way you will find out is if you file for your benefits and see how the VA rules.
And I think that is a valid interpretation. The VA may, indeed rule that way. But I take a look at the fact that the law refers to taking all service in the aggregate, so my guess is that the VA will look for any excuse to deny a claim. Again its just a guess and I can guarantee which way it will go, I don't think that retired JAG can either.Quote:
Originally Posted by nconder
Understandable however I'm quite sure I would not be the first person to get kicked out on my second enlistment. It does happen, I just don't happen to keep in touch with those people after they get out.
I would suspect you are right. But I wouldn't suspect they would be that many. And I wouldn't know how many have applied for GI Bill benefits. Like I said, this may come down to case law. And you will need someone to research that for you if the VA refuses benefits. But your first step is to apply for benefits.Quote:
Originally Posted by nconder
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