Honorable discharge to medically retired

long island bill

PEB Forum Veteran
Registered Member
#1
Can a honorable discharge be changed to medically retired if you meet the requirements and submit a form149.i was on medical profile when discharged.i never could return to full duty.i received va comp right after I left the army
 

ceilingfan

PEB Forum Veteran
#4
Yes, you can. More information is needed to give you a response beyond that. :) Like, what type of profile, what condition(s), and what type of VA rating...just for starters. :)
 

gimartin

PEB Forum Veteran
Registered Member
#5
What percentage of disability did you get when you got out? Was it a regular ETS? These are the questions that I would think need to be answered first.

Actually, I have been thinking about this as well. You can look in the regs and do your homework on the subject prior to submitting the paperwork. I'll keep following your post in order to prepare for my possible exit from the military if they do not approve an MEB.
 

long island bill

PEB Forum Veteran
Registered Member
#7
No medical discharge,normal ets.profile was for spleen removed and several disc problems all from helicopter crash in Vietnam man.received va comp as soon as I discharged from army.profile was no pt or training,put me the supply room until I got out. Va rating was 40 per cent.went to 100 a few years ago due to heart
 

Jason Perry

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#8
You will want to show you were unfit (preferably), though, at a minimum you will want to show you failed retention standards. Look to the regulations at the time for the standards.

If this was, as it sounds (Vietnam helicopter crash) decades ago that you ETSd, this may present challenges.
 

long island bill

PEB Forum Veteran
Registered Member
#9
You will want to show you were unfit (preferably), though, at a minimum you will want to show you failed retention standards. Look to the regulations at the time for the standards.

If this was, as it sounds (Vietnam helicopter crash) decades ago that you ETSd, this may present challenges.
 

long island bill

PEB Forum Veteran
Registered Member
#10
From what I read form 149 must be filled out since it is more than 15 years the standard is not being able to return to your mos due to war time service.i can not find anyone who has done this in the past but it seems to be worth the time for the extra benifits.not sure how long it would take but time I have plenty of.the dav just told me any vet with a 100 rating and goes for additional illness would start the ten year wait for your wife to get your pension. The ten year wait starts from the last rating.
 

Jason Perry

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#11
From what I read form 149 must be filled out since it is more than 15 years the standard is not being able to return to your mos due to war time service.i can not find anyone who has done this in the past but it seems to be worth the time for the extra benifits.not sure how long it would take but time I have plenty of.the dav just told me any vet with a 100 rating and goes for additional illness would start the ten year wait for your wife to get your pension. The ten year wait starts from the last rating.
DD149 has to be filled out for any application to the BCMR (except, perhaps in remand cases- I have actually had cases looked at without DD149 in some cases with a court order).

For military disability retirement benefits, the standard you wrote sounds somewhat close to the idea of "unfitness" but I think what you wrote is not quite right. As for the 100% rating, for the military disability retirement, you are going to have to show your condition at the time you separated (or shortly thereafter). Increases that occur years (or decades) later, are not going to help your case.
I am not sure if you are thinking there is a military program for your wife "getting your pension." Do you mean a VA program? I am not sure you can accomplish what you are thinking you can with the BCMR. Not trying to discourage you, just thinking that you should be clear about what your goals are in order to maximize chances of accomplishing them.
 

Ed Mercanti

PEB Forum Veteran
Registered Member
#12
Yes, the BCMR can change a discharge to a medical retirement retroactive to Vietnam (or even the Korean War). The BCMR cannot make such a change prior to the Career Compensation Act of 1949, so WWII vets could not receive such a change. It is a fairly rare correction. But, for example, I wrote a case where the ABCMR changed a captain's undesirable discharge to a medical retirement, rated 70 percent disabled. While that entitled the applicant to back pay (the 6-year statute of limitations on money owed) is tolled from the date of a BCMR decision, DFAS will deduct your VA disability benefits from the amount owed. Also, DON'T opt for Survivor Benefit Plan as DFAS will charge you for all the premiums you would have paid since the date of your discharge. As Jason said, you would have to show you were unfit when you were on active duty. You say you were put in the supply room since you couldn't perform your MOS. If you could have been awarded the MOS of supply clerk/NCO, it would be hard to make a case that you should have been medically retired. If needed, I have a complete set of historical regulations.
 

nwlivewire

PEB Forum Veteran
#13
Yes, the BCMR can change a discharge to a medical retirement retroactive to Vietnam (or even the Korean War). The BCMR cannot make such a change prior to the Career Compensation Act of 1949, so WWII vets could not receive such a change. It is a fairly rare correction. But, for example, I wrote a case where the ABCMR changed a captain's undesirable discharge to a medical retirement, rated 70 percent disabled. While that entitled the applicant to back pay (the 6-year statute of limitations on money owed) is tolled from the date of a BCMR decision, DFAS will deduct your VA disability benefits from the amount owed. Also, DON'T opt for Survivor Benefit Plan as DFAS will charge you for all the premiums you would have paid since the date of your discharge. As Jason said, you would have to show you were unfit when you were on active duty. You say you were put in the supply room since you couldn't perform your MOS. If you could have been awarded the MOS of supply clerk/NCO, it would be hard to make a case that you should have been medically retired. If needed, I have a complete set of historical regulations.
***** THANKS ED FOR KEEPING HISTORICAL REGULATIONS!
YOU THE MAN!

V/r,
nwlivewire
 

long island bill

PEB Forum Veteran
Registered Member
#14
DD149 has to be filled out for any application to the BCMR (except, perhaps in remand cases- I have actually had cases looked at without DD149 in some cases with a court order).

For military disability retirement benefits, the standard you wrote sounds somewhat close to the idea of "unfitness" but I think what you wrote is not quite right. As for the 100% rating, for the military disability retirement, you are going to have to show your condition at the time you separated (or shortly thereafter). Increases that occur years (or decades) later, are not going to help your case.
I am not sure if you are thinking there is a military program for your wife "getting your pension." Do you mean a VA program? I am not sure you can accomplish what you are thinking you can with the BCMR. Not trying to discourage you, just thinking that you should be clear about what your goals are in order to maximize chances of accomplishing them.
 

long island bill

PEB Forum Veteran
Registered Member
#15
At the time of separation I was given 40 from the va.the 100 came years later.from what iread on military sites if you could not return to your mos due to your injuries you should have been medically retired.the profile was permanent,no pt ,kp,drilling,no physical activity at all.i could not have a change of mos as I was a short timer,a few to go. The pension for my wife comes from the va.when you file form 149 who gets the medical records,me or them.what else should I include with the application..my records should show I was on profile,if not the va file should have it.my son is a attorney would it help if he wrote the cover letter
 

Ed Mercanti

PEB Forum Veteran
Registered Member
#16
When I worked as Deputy Chief of the Enlisted Branch at First Army, I had a Sergeant First Class who was wounded in combat in Vietnam and could not perform in his MOS anymore, 11B, Infantryman. So the reclassified him into personnel and he ended up retiring for years of service as a Master Sergeant. A guy who worked for me in the ABCMR flew two tours as a helicopter pilot in Vietnam and had to be reclassified out of his military occupational specialty because of severe hearing loss. They reclassified him into personnel as well and he retired for years of service as a CW4.

Did the Army make a mistake by not medically retiring them?

A medical retirement is to compensate a soldier/sailor/airman for the loss of a career . . .
 

long island bill

PEB Forum Veteran
Registered Member
#17
When I worked as Deputy Chief of the Enlisted Branch at First Army, I had a Sergeant First Class who was wounded in combat in Vietnam and could not perform in his MOS anymore, 11B, Infantryman. So the reclassified him into personnel and he ended up retiring for years of service as a Master Sergeant. A guy who worked for me in the ABCMR flew two tours as a helicopter pilot in Vietnam and had to be reclassified out of his military occupational specialty because of severe hearing loss. They reclassified him into personnel as well and he retired for years of service as a CW4.

Did the Army make a mistake by not medically retiring them?

A medical retirement is to compensate a soldier/sailor/airman for the loss of a career . . .
 

ranger2992

PEB Forum Veteran
#20
What Ed is saying is that had these guys been medically retired, the retirement would be based on the fact their careers would have been cut short due to the injury and the military is compensating them for the lost career. In your case you were close to ETS and had intentions of getting out. You were also able to perform other duties until such time. I think he is just trying to tell you that this is going to be a battle for you based on the information you have provided.
 
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