What can I do to get the honorable discharge, gi bill and disability I should've gotten?

2019-03-11T01:11:03-04:00

I got hurt on duty. The doctor said I couldn't lift more than 5 pounds so I couldnt do my job. My first sergeant said he would do me a favor and let me out early with my honorable discharge and my gi bill. I later found out I got an under honorable conditions discharge and I should've gotten an honorable medical discharge with a disability rating and my gi bill. That was over 20 years ago. What can I do to right this wrong?

Response by LTC Jason Mackay made Mar 11 at 2019 1:55 AM

2019-03-11T01:55:31-04:00

This link from the NPRC describes the process and forms. I'd recommend seeking assistance from a VSO or a state veteran center to ensure you have put together a package that is supported and makes sense. https://www.archives.gov/veterans/military-service-records/correct-service-records.html

Request your records from below if you don't have them, including medical records.
https://www.archives.gov/veterans/military-service-records

correct-service-records.html

Response by SGT Private RallyPoint Member made Mar 11 at 2019 4:07 AM

2019-03-11T04:07:15-04:00

You can still file for VA disability with an Honorable Conditions discharge. You won't likely be able to get the claim back-dated, but you should have no problems establishing your claim with the medical records. Once you are in the system, you can work on increasing your rating, and working on getting an upgrade or correction to your discharge.

Response by SGT Christopher Combs made Mar 11 at 2019 5:27 AM

2019-03-11T05:27:28-04:00

If it was over 20 years ago you wouldn't be eligible to use it anyway unfortunately.

Response by SGT Jim Ramge, MBA made Mar 11 at 2019 8:34 AM

2019-03-11T08:34:36-04:00

Everyone has pretty much beat this one to a dead horse, have to work with the VA to rectify your discharge.

Response by 1SG Private RallyPoint Member made Mar 11 at 2019 9:29 AM

2019-03-11T09:29:00-04:00

"I later found out I got a (UHC)"... WUT?
These things have a process, and I am quite sure that you were told about recommendations for characterization. Judging by your circumstances, you had too little time in the USAF to qualify for a medical discharge, and got chaptered for inability to perform (non-misconduct).
A UHC is not the kiss of death, so don't hang your hat on the notion that that is an impediment to getting VA benefits.
1. Honorable Discharge - to get a discharge upgraded, you must petition your service Secretary and/or the Board of Military Corrections. LTC Jason Mackay has an excellent answer for that, so I won't repost the same.
2. GI Bill - your eligibility may well have expired as most GI Bill subsections are good for 10 years after REFRAD. You might have a loophole with the recent changes to Post 9/11 GIB benefits, but it sounds like your service predates 9/11.
3. VA Disability - you want this, you have to file for it. Right now, file a VA 21-0966 (Intent to File) so you can lock in your date of claim. That gives you a year to get your documents together for your actual claim, which I imagine might be a project after all this time passing. I see it all the time in my job at VA. Try to get all of your relevant documents (especially the documentation of your injury!) yourself, but if you can't, the VA has an obligation to assist you with getting the records you need. It will be much more timely if you get what you need yourself, though.

As I alluded to above, your situation is not very unusual at all. But you need to get on it.

Response by Sgt Justen Ortloff made Mar 11 at 2019 10:45 AM

2019-03-11T10:45:46-04:00

Your 1st Sgt said he would let you out early? And give you an honorable discharge??
Anyways, you don't get a medical discharge with a disability, the disability is determined by the VA after you get out. As far as the GI bill goes, you get it, if you paid for it, you get it. For you that means if you paid $100 a month for your first 12 months of service, you get it, as long as you completed at least 3 years active duty.

To right this wrong? Talk to a Veteran Service Officer, get with your American Legion or VFW, they will point you in the right direction, give you phone numbers ect...