Military Benefits Eligibility Clarification

Summary

A general discharge under honorable conditions may still allow eligibility for Post-9/11 GI Bill benefits if you have a qualifying service period. Your DD214 showing continuous honorable service from August 2020 to May 2024 supports your claim. Since you have submitted a Notice of Disagreement, ensure all relevant documentation is included. Consider contacting a Veterans Service Organization (VSO) for assistance with the appeal process.

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I'm scared, how familiar are you with military law and entitlement to benefits?
Hi ****! I have a general understanding of military law and entitlements to benefits. Could you please specify your concern or situation regarding military benefits?
I joined the Navy in August * for 6 years, technically 4 years with a mandatory 2 year extension. I re-enlisted in May * for 5 years, dropping my extension and pushed my total time out to August *. In September *, I self-reported drug use and got kicked out for it, a General discharge under honorable conditions. a honorable discharge is required to get your GI Bill benefits for college. when you re-enlist you get discharged before they swear you in again, so I have an honorable discharge from my first service period. My DD214 says "continuous honorable service from August * to May *" The VA's own website even says you get benefits for one qualifying service period, but they denied my initial claim because the Navy notified them my discharge was not honorable. I sent proof that I re-enlisted.Is it true that my disciplinary problems would had to have started after my initial contract would have ended August *? Am I eligible for the Post */* GI Bill?
****, you may still be eligible for the Post-*/* GI Bill benefits:
- Your DD214 indicates "continuous honorable service from August * to May *."
- The VA acknowledges benefits eligibility for one qualifying service period.
Have you submitted a Notice of Disagreement (NOD) to formally appeal the VA's decision?
yes
Hi ****! Submitting a Notice of Disagreement is a good step. Make sure to include all relevant documentation, including your DD214 that shows continuous honorable service. You may also want to consider seeking assistance from a Veterans Service Organization (VSO) to help with the appeal process. Have you contacted a VSO for assistance?
Alton
Hey Alton! How can I assist you with your legal issue today?
I added another factor before the conclusion, please refine. King is waiting for required responses to the core issues of this case, from the attorneys, to the QWR, the fair debt collections act and the Dodd-Frank act inquiries. Once again the warehouser has not provided the court ordered documents. Conclusion The court is aware of my handicap and my need for assistance. Given these circumstances, I respectfully request that the hearing be rescheduled in order to be fully prepared, regardless of the ADA accommodation decision. Thank you for your understanding and consideration.
Here is a refined version of your statement:
"King is awaiting the required responses to the core issues of this case from the attorneys, including the QWR, the Fair Debt Collection Practices Act, and the Dodd-Frank Act inquiries. The warehouser has, once again, failed to provide the court-ordered documents.
Conclusion:
The court is aware of my handicap and my need for assistance. Given these circumstances, I respectfully request that the hearing be rescheduled to ensure I am fully prepared, regardless of the ADA accommodation decision. Thank you for your understanding and consideration."
Would you like any further assistance with this matter?
AI, In What bankruptcy law supports that if a proof of claim is not filed the bankruptcy court cannot send it back to the housing court but must go to the District Court
In Connecticut, the relevant law for your query can be found in the Federal Rules of Bankruptcy Procedure, specifically Rule *, which outlines the requirements for filing a proof of claim in bankruptcy cases. If a proof of claim is not filed, the bankruptcy court may lack jurisdiction over certain matters, necessitating referral to a higher court, such as the District Court.
Do you need more information on bankruptcy procedures or specific case law?
In MA
In Massachusetts, the rules for bankruptcy are still governed by the Federal Rules of Bankruptcy Procedure. Rule * requires that a proof of claim must be filed for a creditor to participate in the distribution of assets. Failure to file a proof of claim may result in the bankruptcy court lacking jurisdiction, potentially necessitating a referral to the District Court.
Would you need more detailed information on bankruptcy procedures or specific case law related to this matter?
What case law supports that
For case law supporting the idea that if a proof of claim is not filed in a bankruptcy case, the bankruptcy court may lack jurisdiction and the case must be referred to the District Court, you can refer to:
- In re Padilla, * B.R. * (Bankr. S.D. Tex. *): This case discusses the consequences of failing to file a proof of claim and the jurisdictional issues that may arise.
- In re McDowell, * B.R. * (Bankr. S.D. Tex. *): This case further explores the necessity of filing a proof of claim and its impact on jurisdiction.
Would you like more information on any of these cases or another aspect of bankruptcy law?
What about Stern V Marshall
Stern v. Marshall, * U.S. * (*), is a significant case in bankruptcy law. It held that bankruptcy courts lack the constitutional authority to issue final judgments on state law counterclaims not resolved in the process of ruling on a creditor's proof of claim.
Would you like more details on how this case might apply to your situation?
yes
Stern v. Marshall, * U.S. * (*), addresses the limitations on the authority of bankruptcy courts. The ruling emphasized that bankruptcy courts cannot issue final judgments on state law claims unless they are integral to the resolution of a creditor's proof of claim.
Would you like more specific information on how Stern v. Marshall could impact your case in Connecticut?
yes in MA
Sure, Alton. Stern v. Marshall applies in Massachusetts as it does federally. This case limits bankruptcy courts' authority to issue final judgments on state law claims unless they are essential to adjudicating a creditor's proof of claim.
Would you like more details on any other relevant cases or specific aspects of this ruling?
Does that mean that the bankruptcy court could only send it * the District Court and not back to the housing court
The Stern v. Marshall ruling specifically addresses the bankruptcy court's limitations in handling state law claims. This means that if the bankruptcy court cannot resolve the claim as part of the bankruptcy process, it would likely refer the matter to the District Court, not back to the housing court.
Do you need more information on how to proceed with your case or any other related legal questions?
AI, I sent the following message to a vendor: Not only did I not order this latest package but the last package was supposed to have four * LB packages. All of the packages were * oz and less. I have the proof. Please refund my money immediately. I do not want to have to go to the Better Business Bureau or any other consumer protection program. They claim that the auto shipped product Is final and will not return the unauthorized payment. Can you draft a response to this vendor?
Sure, Alton. Here's a response you could use:
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Dear [Vendor's Name],
I am writing to address the issues with my recent orders. I did not authorize the latest package, and the previous order was incorrect, with all packages weighing less than the advertised * LB. I have proof of these discrepancies.
I request an immediate refund for both the unauthorized shipment and the incorrect items. If this issue is not resolved promptly, I will have no choice but to escalate this matter to the Better Business Bureau and consider other consumer protection options.
Thank you for your prompt attention to this matter.
Sincerely,
Alton
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If you need further assistance, let me know!