Expert: Cynthia Bedell - 12/6/2008

Question
My son was discharged from the Navy at the end of his 4 year enlistment due to a dui after SARS training. He has a excellent service record, finishing 1st in mnay classes and was ahead of the normal progression.  He was told he would keep his GI Bill but at discharge was told no.  He needs this to pay for college.  I have been given conflicting information. I was told being a Veteran he needed to start his appeal process throught the Veterans Administration. Send the VA education people a typed or neatly written letter stating what you believe to be the facts of your being eligible for education benefits. At the top of this paper write these words in big letters "Notice of Disagreement". Then start your letter out with "I am appealing being denied MGIB education benefits etc" List the reasons why you disagree and state the facts. Sign and date this letter and as always, keep a copy for yourself. This is your appeal. Send in a copy of your member 4 copy of your DD214 with this letter (this is the copy with your type of discharge and separation reason). I have also been told he needs to submit a request to the DOD board to upgrade his discharge to Honorable which will allow him the GI Bill. Which is the correct way?

Answer
Dear Alan --

It is best if he appeal to the board of military corrections for permanent upgrade of his discharge.  The problem with the VA petition is that it only applies to the one issue -- education.  If he gets his discharge upgraded by the military corrections board, it is upgraded for all benefits, including home loans, etc.

He can also re-enlist with a waiver for a short tour, and serve a clean tour and receive an honorable discharge which will over-ride is previous negative discharge.

Which discharge did he receive -- general under honorable conditions, general, less that honorable, or dishonorable?  It make a difference which discharge he received on how likely he is to win his appeal.  Also was the DUI his only offense during his entire service?  If it was a one time mess-up, then that makes his case stronger too.  However, if he held high rank during his misconduct, that will go against him, because higher ranks are held to higher standards, since they must set the example for all who are junior to them.

Have him start the appeal process soon, there are strict timelines to get the appeal process done.  Good luck to your son.