We’ve probably discussed the effects of bad paper or the Big Chicken Dinner on VA benefits so I just wanted to publish this sent in by Frank. While SPN codes are no longer the anathema they were in the 60s-80s, having a less than honorable discharge is still the hole in the bottom of your boat you’ll never plug. Even if you can manage to pry one out of your military branch, VA does not consider it a viable one equal to compensable benefits or medical care. For VA, your injury during a bad piece of paper, even if you had a prior enlistment with good time, is still an impediment to service connection. That is the barrier that no one can breach. It was enacted by Congress to reward those who stayed the course. For those of us who found it impossible to follow the rules, there is no repair order. BCD, Undesirable- whatever the designation, if it isn’t “under honorable conditions” it’s no dice.
P.S. Here’s recent precedence from the Court that reaffirms this concept of “clemency discharge upgrades”.
asknod
Bethanie Spangenberg
kcraveiro
robinhoodesqvetsatty
Wesley McCauley
Veterans Claims Help 
Sent out a welcome to join us to the family and made my opinion on the subject known to the people who might be able to help them out. Absolutely shameful is what has happened to him, his family and all others affected by the “bent brain” syndrome. Someday they might get this right, I HOPE!
I think it’s important to note that “if it isn’t “under honorable conditions” it’s no dice” should actually read “as long as it isn’t a BCD/DD”… as those with an OTH or General discharge are still eligible for VA bennies. Sometimes when a Vet has several periods of active service but the last one ends in the ‘Big Chicken Dinner’, and s/he can prove the conditions were first diagnosed or manifested during the ‘good’ enlistment period, they can still obtain service connection.
-Just for clarity-
DD 258 Dishonorable/Undesirable and DD 259 Bad Conduct Discharge are OTH (other than honorable) and are ineligible for benefits. A DD 257 (General Discharge) is honorable. I didn’t discuss General Discharges because this article does not apply to honorable discharges.
Read it again:
For VA, your injury during a bad piece of paper, even if you had a prior enlistment with good time, is still an impediment to service connection. That is the barrier that no one can breach.
Conversely, if the injury occurred during “good time” you’re covered. I don’t see the confusion, sir.
You aren’t confused. I was by the last sentence “if it isn’t “under honorable conditions” it’s no dice”. But simpler put (is simpler a word?) anything other than dishonorable can be GTG. For even a BCD (as I incorrectly stated) VA would make a character of discharge determination to see if he is eligible for benefits.
Not exactly, Kel.
By law, VA benefits are not payable where the former service member was discharged or released under conditions including the following: by reason of a discharge under other than honorable conditions issued as a result of an absence without official leave (AWOL) for a continuous period of at least 180 days. 38 C.F.R. § 3.12 (c)(6).
There are exceptions available to the Appellant that might mitigate the bar from receiving VA benefits: (1) if the Appellant is shown to have been “insane” at the time of the offense (38 U.S.C.A. § 5303(b); 38 C.F.R. § 3.12(b); or, (2) if there are “compelling circumstances” to warrant the prolonged period of AWOL. 38 U.S.C.A. § 5303(a); 38 C.F.R. § 3.12(c)(6).
Compelling reasons are wife getting ready to drop @10cm dilation. Outside that, Mom was dying. Insanity, by its very reason precludes mental sanity and the capacity to engage in willful misconduct. Again, look at CAVC precedence and there’s darn little to win with.