Too old or not too old to file?

Too Late???

Registered Member
#1
I sustained a combat related injury during the original Gulf War in 1991 and spent the next 3 years frequently visiting the hospital, being sent to another hospital for tests, and ending up with medications and twice a week PT until finally getting out in 1994 with 12 years of service. This was when the SSB was in full swing and since I was qualified I was told by separations they were out processing me with SSB since medical was long, drawn out, and didn't pay as much. So there was no medical evaluations for discharge done at all. They basically put me through the 'express lane' and I was done, easy peasy (for them).

From 3-8 years old I was raised mostly by my WWII era Grandparents who instilled the 'take care of yourself, don't ask others for help' as one of my main values. So I got through the best I could, finding and paying for PT on my own. This lasted for a while, then I was doing without any medication or PT until 2011 I could not take it anymore, I needed help. Went and filed for VA Disability with the final outcome being 100% P&T. While I always knew VA was an option for me I had assumed getting the Air Force to take another look at Medical Retirement was way beyond the possibility date - until I ran across a forum where that very thing was discussed.

Can I/How do I initiate paperwork to to start the medical evaluation process that was ignored when I was discharged in 1994? My VA rating is the combination of a few disabilities, all of which are directly related to the 1991 combat injury.
 

GreenEyedMarine

Registered Member
#2
I was in during the time you were discharged and I remember they were "firing" Marines because they had 3 NJPs in their Service Records, regardless of the Marine they had become or medical issues pending. I saw it as a draw down of forces by any means possible, and if they could save the government money by avoiding a MEB/PEB and possible retirement, all the better.
It was morally repugnant behavior of our DOD leadership and disgusting to witness.
Unfair discharges have been the focus of legal action, dating all the way back to Vietnam.
For example: http://nlgmltf.org/military-law-library/publications/involuntary-discharge/

Now, the Physical Disability Board of Review, or PDBR, are for combined disability ratings of 20% or less assigned to service members who were specifically discharged between September 11, 2001 and December 31, 2009.

Having said that, you can still petition the Air Force Board of Corrections, regardless of your discharge date.

Phone: 612-565-1248.
URL:
http://www.afpc.af.mil/afveteraninformation/airforceboardforcorrectionofmilitaryrecords/index.asp.



I strongly suggest you seek legal counsel or help through one of the Power of Atty (VFW, American Legion, AmVets, etc) prior to submitting. I was researching this prior to the PDBR and found several sites for lawyers that specialize in this area:

http://www.usmilitaryattorney.com/Correction_Of_Military_Records.aspx


http://www.tullylegal.com/washington-dc/legal-services/military-law/correction-of-military-records/

http://www.usmilitarylawyer.com/military-record-corrections.asp

Best of luck!
 
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