question How to Start a Character of Discharge Review After a VA Benefits Denial?

[GrievingGazelle]

My son was given an OTH discharge for a single instance of drug use. He has submitted several claims to the VA and attended all required appointments. He recently received a decision which, as anticipated, stated that the VA considers his service dishonorable for their purposes, making him ineligible for benefits.

To initiate a "character of discharge review," should he simply submit an appeal letter that explains the circumstances, includes all pertinent information, and highlights his positive actions since then? Is this the correct procedure? I was under the impression that after applying for benefits and receiving this decision, they would offer a review.

Any help would be greatly appreciated.

Thank you!

 

[CalVet]

Yes, he can challenge the discharge review's outcome. His options and the needed forms should be in the letter he received.

It might be best to go for an additional appeal and bring in new evidence and statements.

Did he serve honorably at other times and then rejoin? Was there any mention of a court martial or misconduct that was intentional and repeated? I've seen many cases where people were approved after a single incident involving drugs.

More info:

• https://www.calvet.ca.gov/VetServices/Documents/Character of Service Determination.pdf
• https://www.swords-to-plowshares.or...ermination-an-alternative-to-discharge-review

 

[GrievingGazelle]

Yes, he applied for medical benefits and went through 6 or 7 different appointments for various issues. There were no other service periods, no court-martial, and no ongoing or deliberate bad behavior.

The incident took place just a month before he was discharged, and up until that point, his record was solid, even getting promoted on time at each rank.

 

[CalVet]

If a veteran with no court martial and a single drug use incident seeks benefits, eligibility depends on a Character of Discharge (COD) review. It's unclear if a COD review occurred without the decision letter.

It's important to differentiate between filing for VA healthcare and VBA disability claims, as the VBA conducts COD reviews for disability claims. Without a COD review, applications based solely on discharge type are typically denied. For eligibility, one can file disability claims or submit a VA Form 21-4138 with a DD-214 for a COD review by the VBA.

It's presumed that your son applied for VHA healthcare, which does not conduct COD reviews as this is the responsibility of the VBA, not the VHA.

 

[taylor]

I didn't notice which military branch was mentioned, but if you check the link below, it shows how each branch does things and where to send it. If you still need help, you can visit your local County VSO Office and ask for help there.

How To Apply For A Discharge Upgrade | Veterans Affairs

Want to apply for a military discharge upgrade or correction? Get step-by-step instructions depending on your specific situation. If your discharge is upgraded, you'll be eligible for VA benefits you earned while serving.

www.va.gov