Change of Separation from Honorable Discharge to Medical Retirement

Spence365

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I'm looking for a little guidance on how I can change my Honorable Discharge to a Medical Retirement. In 2009 (entered 2006) I was given an Honorable Separation due to have a service connected disability (sleep apnea). This separation came 1 year and 1 month prior to my contracted DOS. I've been told that I need to have this changed but I've never quite known the right road to take. I went through a MEB prior to my discharge. ANY help with this will be greatly appreciated. Since my separation, I've been granted 60% service connected disability and 100% medical through the VA.
 

RonG

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I need to correct my military record

If you believe you are the victim of an error or injustice which affects your military record, you may apply for a Correction of Military Records by completing and submitting a DD Form 149, Application for Correction of Military Record. Submit your completed DD Form 149 to the appropriate address on page 2 of the form.

Examples of Correction:

  • Upgraded Discharge
  • Promotions
  • Retired Pay
  • Household Goods
  • Pay Date Change
  • Bonus
  • MGIB Programs
DFAS pays military members when Boards of Corrections rule in their favor.

Ref: https://www.dfas.mil/correctmilitaryrecords.html

Additional info/LINK: The United States Army | Army Review Boards Agency Army Review Board

Ron
 

chaplaincharlie

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Typically sleep apnea is considered a fitting condition. It is interesting that you condition resulted in a separation.

Veterans with obstructive SA, treated with CPAP, a rated 50% by the VA. Were there other factors, beyond medical, that caused you contract to be curtailed?
 
Last edited:

Warrior644

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I'm looking for a little guidance on how I can change my Honorable Discharge to a Medical Retirement. In 2009 (entered 2006) I was given an Honorable Separation due to have a service connected disability (sleep apnea). This separation came 1 year and 1 month prior to my contracted DOS. I've been told that I need to have this changed but I've never quite known the right road to take. I went through a MEB prior to my discharge. ANY help with this will be greatly appreciated. Since my separation, I've been granted 60% service connected disability and 100% medical through the VA.
Welcome to the PEB Forum! :)

Hmm at this point in time, it may be in your best interest to obtain an initial legal opinion via a consultation from an experienced military disability attorney.

As such, it would seem that your specific situation has numerous challenges via a historical perspective. Therefore, it will be necessary to appeal to the appropriate Board for Correction of Military Records in order to correct errors or injustices in your military records. In doing so, you shall have the best opportunity to potentially being awarded a military medical retirement at least in my opinion. Take care!

Thus, I quite often comment that "possessing well-informed knowledge is truly a powerful equalizer!"

Best Wishes!
 

Spence365

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Typically sleep apnea is considered a fitting condition. It is interesting that you condition resulted in a separation.

Veterans with obstrive SA, treated with CPAP, a rated 50% by the VA. Were there other factors, beyond medical, that caused you contract to be curtailed?
Yes, I was also awarded 10% for depression. And they were both considered service connected.
 

RonG

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As usual, another good point made by chaplaincharlie.


VA:

Disability compensation is a monetary benefit paid to Veterans who are determined by VA to be disabled by an injury or illness that was incurred or aggravated during active military service. These disabilities are considered to be service connected. To be eligible for compensation, the Veteran must have been separated or discharged under conditions other than dishonorable.”

DoD:
Unfitting Condition


A disability that prevents a Service member from performing the duties of his or her office, grade, rank, or rating. These duties include those performed during a remaining period of Reserve obligation. If the Service member were to continue on active duty or in an active Reserve status, the disability would represent a decided medical risk to the health of the Service member or to the welfare or safety of other Service members, or would impose unreasonable requirements on the military to maintain or protect the Service member.”
Ref:
Unfitting ConditionHealth.mil <——-LINK

Ron
 
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