Legal Question in Military Law in Vermont

I came back overseas in November of 2010. I was injured while deployed My DD214 says I was done on December 2010. I stayed on until August of 2011. They put me on military continuation orders I did not receive any points nor do I have a DD214 for these dates the Doctor found I have sleep apnea I tried making a claim with the VA. They tell me since I don't have a DD214 or anything other than medical documentation it didn't happen on active duty. I have my pay stubs and proof I was here the whole time. Help?

Asked on 6/29/16, 8:22 am

1 Answer from Attorneys

William J. Holmes Attorney at Military Law

The VA will always rely on the DD214. If iota is wrong, you need to get it corrected. To do this, you need to file a petition with the Board for Correction of Records. Each branch of the service has their own Board to correct mistakes like this. Get all of your records showing you were on active duty for this period and submit it all to the Board. They can order a new DD214 to be issued covering these periods.

I hope this helps. If you have more questions, you can contact me directly at [email protected] or (757) 420-9321.

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Answered on 6/29/16, 5:28 pm

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