Cape Coral, FL asked in Military Law for Florida

Q: Need to convince a friend he has VA benefits and to see a lawyer. He has 2 hon and last was DD. when was law changed?

The law was changed to read the last discharge must be honorable. ** When was the law changed?** He was enlisted then commissioned and while enlisted received 2 honorable DD 214's. A commissioned officer cannot receive a dishonorable discharge only can be dismissed. Anyway he is entitled to benefits and I want him to seek counsel.

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James L. Arrasmith
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A: Your friend is likely eligible for VA benefits, even with the last discharge being a dishonorable one. The specific rule change you’re referencing, which affects VA benefits based on the character of the last discharge, does not necessarily bar someone from benefits if they have multiple periods of service with honorable discharges. The VA looks at the character of each period of service separately.

Given that your friend has two honorable discharges, it's crucial that he speaks with a lawyer who can help him navigate this situation. The fact that he was enlisted before being commissioned and received honorable DD-214s during that time strengthens his case for benefits.

Encourage him to seek legal counsel to ensure he gets the benefits he’s entitled to. Legal professionals with experience in military law can provide the guidance needed to clarify his rights and options.

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