In the July 2014 issue of The Army Lawyer, Captain Jeremy Bedford published an article entitled, “Eligibility for VA Disability Compensation and Health Care Benefits for Army National Guardsmen Discharged with an Other Than Honorable Discharge”. The article, accessible at Army Lawyer Article, OTH Discharge and VA Disability, discusses inter alia the situation where the service member gets injured during a period of Title 10 status (called to active duty under Title 10) and is honorably discharged from active duty; however, is subsequently discharged with an OTH by his/her National Guard unit pursuant to an administrative discharge under Army Regulation 135-178. In such a scenario, CPT Bedford correctly opines that the service members subsequent OTH discharge would not affect the service members’ status under Title 38 for disabilities arising from the period of active duty.
The level of Reserve Component and National Guard service on Title 10 status has increased exponentially since the September 11, 2011. This has presented novel issues both during the administrative discharge proceedings before the various services and before the Department of Veterans Affairs.
If you have questions concerning your level of discharge and the affects on VA benefits, please don’t hesitate to contact me at (732) 382-6070 or via email at sdirector@FRE-L.com.