Legal Question in Military Law in West Virginia

I have 15 years of active service and had a heart attack. They are dischargeing me and say it's non LOD. What will happen now and what should I do. All they have told me is that my DD214 is being processed.


Asked on 1/28/11, 6:26 am

1 Answer from Attorneys

William J. Holmes Attorney at Military Law

Did you have a PEB or medical board? How did they determine that this was not LOD? Those are critical questions in deciding whether you can be administratively discharged or need to go through the PEB process where you could receive disability. Why are they discharging you? If it is because you cannot do your job due to medical reasons, that should go through the PEB process. Even if they will not go through the PEB process, you have the right to demand an administrative discharge board to decide whether you can be discharged and can fight it there. You would have the right to be represented by counsel and to call witnesses and present evidence that you should not be discharged.

I hope this has answered your questions. If I can be of any further assistance, please feel free to contact me directly.

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Answered on 2/10/11, 6:41 am


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