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Roger needs help getting a discharge reversal.

Business 2 views 3 answers
Based entirerly on his completion of the standard one year tour. Roger fulfilled this obligation in an infantry line company, most of it in the field. Upon his return to stateside duty roger was AWOL for quite some time and giver an undesirable discharge, now some 40 years later when he needs them the most he recieves no V.A. benefits. Has been diagnosed with PTSD.

Attorney Answers

3
Philip Cave ·
1. The Discharge Review Boards can't decide this type of case because it is past their 15 years statute of limitations. 2. There would have to be a petition to the Army Board for Correction of Military Records. http://arba.army.pentagon.mil/abcmr-overview.cfm. Such requests are generally not favored. 3. Also, there is a method to petition the VA for benefits by trying to show that the underlying misconduct was not "dishonorable." That's not the exact language, but close. Contact Bill Cassara, who may shortly answer this question also.
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William Cassara ·
Mr. Cave is correct. He has to file with the ABCMR. He can either hire private counsel or use the VA or American Legion for free assistance, although not by an attorney.
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Wojciech Kornacki ·
Roger should obtain a free consultation with an attorney who specializes in filing petitions to correct military records. The Army Board for Correction of Military Records will look at different factors when reviewing one's application. The fact that Roger was very young and immature may be held in his favor. The board will also look what he has done since then. Did Roger have any reasons to go AWOL that perhaps were not addressed by his chain of command, how long was AWOL, and whether the event leading to the PTSD started in the field, also what type of discharge he is seeking. A general discharge under honorable conditions may be more probable. While there are instances when the Board upgraded discharge for someone who was AWOL, they are very rare. A free consultation with an attorney will be able to establish all the facts to make a proper determination.
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