General court martial for marijuana use

[Balltimore]

Jurisdiction

Florida

In 1989 I was convicted in a general court martial for the use of marijuana. My case consisted of the testimony of 2 airman that where convicted of separated drug charges,and granted immunity to testify in my case. At that period in my life, I had NEVER used drugs. I was given urine analysis , weekly, 6 months prior to my court martial, and not one was positive. I assumed that was enough to clear my name. With my conviction , I received a BCD, 6 months confinement, and reduction to AB. IN 2014, I was told that I am eligible for VA health benefits. For some reason, I am now receiving assistance from the VA, and no one can tell me why. But when I apply for service connected, I'm denied, because of my discharge. in 2015, a legal representative from the VA homeless program, started on my case seeking an upgrade. How can a charter of discharge allow a person to receive VA health benefits, and not service connected disability?

 

[army judge]

Generally, in order to receive VA benefits and services, the Veteran's character of discharge or service must be under other than dishonorable conditions (e.g., honorable, under honorable conditions, general). However, individuals receiving undesirable, bad conduct, and other types of dishonorable discharges may qualify for VA benefits depending on a determination made by VA.

Some individuals who received an undesirable, bad conduct, or other types of negative discharges may qualify for VA benefits depending on a determination made by VA.

Applying for Benefits and Your Character of Discharge - Veterans Benefits Administration

Health benefits are treated differently than cash payments for disability.

I suggest you contact any veterans group, or one of your elected federal officials. Elected officials will look into the possibility of having the BCD changed to a General, or better.

More reading:


https://www.benefits.va.gov/BENEFITS/docs/COD_Factsheet.pdf


Applying for Benefits and Your Character of Discharge - Veterans Benefits Administration

Chapter 15 Military Medals and Records - Office of Public and Intergovernmental Affairs


Good luck, buddy.

 

[army judge]

Discharge Requirements for Compensation Benefits
To receive VA compensation benefits and services, the Veteran's character of discharge or service must be under other than dishonorable conditions (e.g., honorable, under honorable conditions, general).
Discharge Requirements for Pension Benefits
To receive VA pension benefits and services, the Veteran's character of discharge or service must be under other than dishonorable conditions (e.g., honorable, under honorable conditions, general).
Discharge Requirements for Education Benefits
To receive VA education benefits and services through the Montgomery GI Bill program or Post-9/11 GI Bill program, the Veteran's character of discharge or service must be honorable.
To receive VA education benefits and services through any other VA educational benefits program, including the Survivors' and Dependents' Educational Assistance (DEA) program, the Veteran's character of discharge or service must be under other than dishonorable conditions (e.g., honorable, under honorable conditions, general).
Discharge Requirements for Home Loan Benefits
To receive VA home loan benefits and services, the Veteran's character of discharge or service must be under other than dishonorable conditions (e.g., honorable, under honorable conditions, general).
Discharge Requirements for Insurance Benefits
Generally, there is no character of discharge bar to benefits to Veterans' Group Life Insurance. However, for Service Disabled Veterans Insurance and Veterans' Mortgage Life Insurance benefits, the Veteran's character of discharge must be other than dishonorable.