Expert: Jason Grabill - 5/30/2009

Question
QUESTION: I got out of the Marines in Nov'05 and was told that I had a General Discharge Under Honorable Conditions" as well that my GI BILL was lost to me. I was given this because I was over weight standards. I was put on the Body Comp program when I got to my command but I got off of the program a couple months later and was off for about 1.5 years. I got an injury while on a run with my shop while i was on duty. My ankle swelled up to the size of my calf and was then on crutches for 4 months. After the crutches I was in a walking cast for another 2 months. So for 6 months I wasn't able to do anything for pt other then swim...and I swam 5 days a week for that whole time I wasn't able to run.

I have always had a weight problem and I was keeping it under control until I got hurt. I gained 30 pounds in the time I was ordered not to do any pt other than swimming and weight lifting. The weight lifting is what killed my weight. I'm not blaming anyone but myself for not seeing things coming. When I finally got off of medical and was able to pt again i was given a surprise pft the same day I got out of the Doc's office. I failed the run horribly and was put back on BCP again for the rest of the time that I was in. About one month before my full 5 year enlistment was up I was brought before my XO and he demoted me. Because of that demotion the warrant officer in charge of discharge paperwork decided I needed a General under honorable. I signed the papers because we were taught to do as your told and ask questions afterword. I tried to fight it but was told that only person that could override my XO was of course my CO. I wrote him two letters but never heard anything back.

Now to my current situation. My dd214 that I got the day I went on terminal leave from active duty says general under honorable conditions. I have zero disciplinary actions taken against me throughout my entire enlistment. I have letters of recommendation from my capt stating how much of an asset I was to my unit I was. My sep code is MBK1 but my re-entry code is RE-3P because I was overweight standards.

My question is, do I have the correct discharge classification and when is my discharge final? Is it the day I go on terminal leave from active duty or is it 3 years later when my time in the IRR was up?

Here some more information which leads me to ask this question. I'm getting disability benefits for the injury I got. I called the VA about a month ago with some questions about my benefits and the person I was talking to at the time said that according to their system, and what he was reading, I have an Honorable Discharge. I also received my certificate from the Marine Corps Mobilization Command stating " This discharge certificate is a testimonial of your honorable service. It signifies that you have served in a proficient and industrious manner in the defense of your country. On behalf of the Commandant of the Marine Corps, please accept the gratitude of our great nation" and it is signed by the command general.

I applied for the GI bill and was denied because of what my dd214 that I got the day I went on terminal leave says. But the man that I talked to said the VA computer system says I have an honorable discharge and I received this Discharge certificate when my IRR time was over. If the discharge is general under honorable, what would the chance be of getting it upgraded for only being over weight and never being in trouble for anything? I have a friend of mine that I was in the Marines with me who popped on a drug test and he was given an honorable. So all this just leads me to wonder.



Thank you for your time in reading this and for any answers you may have



Mike


ANSWER: Michael:

 Yours is one of the easier discharges to upgrade.  Because you were basically discharged under medical conditions (weight) it should be a simple process.  A 'general under honorable' is NOT a full Honorable discharge, but rather a 'conditions' discharge, your service was honorable, generally.  (The NJP is what bought you that BTW).

 You'll get your final discharge when your IRR time is up (if you still have IRR time that is, which you should...).  Now is the time to apply to have the discharge upgraded tho.  Contact Headquarters Marine Corps and get the process started on that.  Even if you are no longer in the IRR do it anyway.  It takes some time but in your case is worth it.

 Lastly, the VA is NOT part of the DoD system and therefore has different rules about how they look at discharges.

Jason

---------- FOLLOW-UP ----------

QUESTION: Thank you for your response. Its good to know that I have a good chance of getting my discharge upgraded and getting my GI bill back. Just to clarify...the discharge I got when I finished my IRR time was honorable as I said I got the certificate...is my discharge from the IRR a different discharge then the one I got from active duty? Or was my IRR my actual discharge from the military altogether?

Answer
Your discharge from the IRR should be your actual discharge.  Your DD-214 may say something else, but your 'actual' discharge is the one you got from HQMC after IRR.   If that be the case, then I'd file for a correction of your DD-214, showing the upgraded discharge. (From General to Honorable).  That will also be quicker to do in the long run.

Jason