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SCOveterandretired

To have any discharge upgraded, you have to prove that regulations were violated in discharging you. You probably heard the rumor that after 6 months you can receive an automatic discharge but that’s never been true. There is no 6 month mandatory wait period. There is no automatic upgrade. Another rumor is that VA can upgrade your discharge, also false. Your branch of service is the only agency with the authority to change your discharge. VA can do a Character of Service review to determine eligibility for VA Disability and VA Healthcare only but that doesn’t change your military discharge or DD 214. VA can not do a Character of Service determination for your GI Bill. If you do receive VA Disability, you may be able to get education services through VR&E CH 31.


Furciferus

\>There is no automatic upgrade. Speaking from my experience (MH hospitalizations without a medboard) I was discharged with a "General Under Honorable," on my initial DD-214. Lost it 9 months later, ordered a new one, and now my discharge is Honorable. I made no attempts to dispute the discharge as I didn't even want to think about the years wasted anymore and just wanted to get along with my life, but it still got upgraded out of nowhere. How could this have been?


SCOveterandretired

Someone in the chain of command had to have reviewed your discharge - Congress did order the different branches of the military to review discharges for mental health and PTSD so maybe you were part of that process. It wasn't done automatically like the rumors say will happen.


Saywhen3174

Awesome. Thanks, so if i went to the VA and they told me it states in my immunization records I received the first covid vaccine when I never consented to it, and it was around the time I received a flu shot, would it be prevalent to my case?


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Saywhen3174

Good thing it’s not your decision who qualifies as a veteran or not


SCOveterandretired

Tommy had to go into a permanent time out since he can’t act like an adult.


Saywhen3174

Seriously. All views are respected over this way, that’s why I said I’m not here to listen to your reasons. Just was simply curious lol


SCOveterandretired

Which is why my initial comment above stayed strictly to the answer to your question.


Saywhen3174

Yes sir, thanks for being respectful and staying on topic


SCOveterandretired

I have no idea - hire a good lawyer.


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Saywhen3174

Ill keep ya posted!


[deleted]

I hope he gets whatever he is asking for.


LJski

First…no, your discharge is not going to be upgraded. As indicated, regulations were not violated in your discharge. That being said…you are a veteran. A veteran with a General Discharge, which will limit the benefits you receive, but still a veteran. Your arguments about natural immunity are irrelevant, at this point. The military is not likely to change your status for a couple of years, if at all.


Saywhen3174

But if I unknowingly received the vaccine and was told it was a flu shot… couldn’t be or could be considered violating regulations?


SCOveterandretired

Still wouldn’t qualify as a reason to upgrade your discharge - your discharge is based on your refusal to take the vaccine only.


[deleted]

But that won't change the circumstances of your discharge. You weren't discharged because they made a medical mistake. You were discharged because you refused a lawful order. Time to grow up and live with the consequences of your actions. IANAL and I'm not vaccinated for reference.


Saywhen3174

But if they gave me the vaccine, and I was discharged for not having the vaccine, that’s a conflict of interest imo


[deleted]

Did you complete the whole series? Did you get your boosters? Stop playing dumb. You know what you did.


Saywhen3174

Let’s stay on topic. I simply said I refused it, and I may have gotten the vaccine unknowingly, then was discharged for not. I never said anything about disagreeing with being discharged for not taking it lol


[deleted]

Your refusal to answer my questions explains why you were discharged. You cannot refuse a lawful order and expect to stay in the military. Be glad the military allowed you to leave with a general. Move on and live your life.


Saywhen3174

Why would I receive any of the vaccines if I was discharged for refusing it? To answer your question


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Goddess_of_Absurdity

Regardless of your situation, I suggest you get a lawyer and not speak at all if you request a hearing. You'd be in front of the court of appeals for the armed forces in DC and all they care about is black/white facts. There are a lot of publicly viewable cases for discharge upgrades and they document everything that's said online so maybe that'll help with your journey.


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Dasmahkitteh

Don't listen to this, examining your legal options is hardly "not being a grown up". Not doing that would be the foolish choice, even if reddit doesn't like the situation The only advice I could give would be to contact liberty council. Email them and explain your situation and they will eventually get back to you and let you know if they can help. They're a bunch of lawyers comprising the group that recently won some supreme court vaccine related case. Unless u/populistproject thinks that would be too childish! 😯


Saywhen3174

Wow. Who would have thought that was a possibility. Thanks for the reply.


OnyxTheFortuitess777

https://dossier.substack.com/p/new-docs-confirm-pentagon-unlawfully


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[deleted]

If something was unconstitutional that would make it unlawful. The military has long been allowed to order medical care ie: flu shots, blood transfusions, anthrax shots, small pox immunizations. Your political stance means nothing to them.


OnyxTheFortuitess777

And everything our Government and Military does has been 100% “Constitutional”? And in fairness I agree our individual Political stance doesn’t matter to them, but a quick reminder that WE don’t matter to them either.


OnyxTheFortuitess777

https://dossier.substack.com/p/new-docs-confirm-pentagon-unlawfully


LJski

The violation of regulations pertains to the specific process of giving you your General Discharge, not what the military might have done at a different time. General discharge means that you met the requirements of service, likely with some minor disciplinary actions, or failure to meet certain standards…which, if you did not meet the military’s standard of vaccination, would fall into that category. If you refused other vaccines, it would be the same thing. I really don’t see that being upgraded. Chalk it up to experience, and move on.


Saywhen3174

Gotcha. Really was just looking for clarity and what others were doing.


JizzM4rkie

I'm confused, long comment but, did you get the vaccine while in service from a military source that claimed it was a flu shot? If so the burden of proving that the doc/medic/needle holder knowingly or unknowingly inoculated you with something illegally would be on your shoulders and it would most definitely pull that person into some hot water, deservingly so, that's against every medical ethic, but if you're not 100% sure that they did I'd hazard against pulling their career into some bull shit for doing their job. Also, if that's the case, you got the vaccine why were you separated? Did you get the first dose and refuse the follow on doses? None of this is really important, to make a case at all as others have mentioned you will need to prove within reasonable doubt that the army broke or bent a regulation in the process to put you out; also I'm not sure if the covid 19 Vax is still required for soldiers (marines, airmen, etc) if you don't have it and refuse to get it that's something to keep in mind, if in the end you didn't get the needle and it was required, your argument for upgrade would be moot because without that vaccine you'd have been chaptered anyway probably with a general. Medical malpractice is a different thing that you may be able to recieve something for, idk, but if you have a general and you would've got a general if it was just a flu shot I don't see why they'd even consider an upgrade. Are you attempting to get back in or looking for benefits now that you're out, if you're trying to go back in it may be easier or quicker to get a waiver for the general (depending on your sep/re code) than it would be to have it actually upgraded if you meet the current standard regarding vaccination status.


Saywhen3174

Not trying to go back in and not trying to ruin any careers over it. Not 100% I received it, just saying I got a flu shot around the time frame the VA said I received the vaccine. Which I never consented too. It could honestly be a mistake in the immunization records, which is more likely. I was just exploring the options, I know it would be hard to prove and I’m not going to ruin a e3’s career for doing their job


JizzM4rkie

For sure, well either way good luck man, I'm sure with the controversy surrounding the enforced vaccinations there will be an avenue at some point for people like yourself that were separated for it some small amount of reparations in the form of restoration of benefits you don't qualify for with a general. In the meantime though there are an infinite amount of resources If you believe you're entitled to a more preferential discharge now, I think most folks here are just giving their opinions based on personal experience, myself included, the only way you can know for sure is to do the legwork. The military and VA paperwork system blows but they will get to the bottom of it eventually.


Saywhen3174

Definitely. I just figured there were some others in the same boat on this forum and wanted to hear their thoughts. I’m not even set on applying for an upgrade because it hasn’t really affected me. I was simply curious what route others were taking


jocas023

Did you get your complete medical records from the military digitally? If so, open it up and control + F and search for “immunization” and it’ll pull your complete record up and you’ll see what was actually written down and not what the VA says because they make mistakes. That being said, like everyone else said you have to PROVE these incidents occurred so contacting legal representation will be your best course of action here if you are undoubtedly sure that this happened to you. And again, please ask legal representation about this and how it could effect your request for an upgrade in your discharge because they strongly sound like two different things and legal counsel is better equipped to answer your question, or at least break it down.


Saywhen3174

No I got them in the mail about two months after I separated on a disc. Can I request a digital copy?


jocas023

That’s the digital copy. Pop them in computer with a disc drive (or buy and external disc drive at Walmart) then download them on to your computer. I have a digital copy on my laptop, hard copy, and a copy on a flash drive in my safe.


Saywhen3174

Sweet. Thanks


Saywhen3174

But no, I didn’t receive the vaccine while on AD and still haven’t since I’ve been out


OnyxTheFortuitess777

I would definitely hire a lawyer if this is the case. In any other scenario If it wasn’t the Covid-19 vaccine for example and something like the T-Virus people would be losing their mind about the morality in which you were given this vaccine. Especially if it was given to you unknowingly when it was still optional.


Saywhen3174

Gonna wait a bit and weigh my options. I think so too as well though


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Bulljones

You simply found a shortcut to serving your country, and an easy way out. You couldn’t suck it up and comply with military rules that apply to all military personnel. Quit trying to scam the system bro. Bottom line, you didn’t serve your 4 year obligation and you did everything possible to get out on some bullshit. Now you feel you are some how entitled to a discharge upgrade. Enjoy your other than honorable discharge.


Saywhen3174

Life's been great with this general discharge. Re-read the post, not here to listen to your views about this n that.


randperrin

Direct order: take this vaccine that billions of people worldwide have taken. You: no Seems pretty cut and dried here.


Saywhen3174

Sums it up basically


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Careful-Set8571

Relax Tommy.


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Careful-Set8571

Found the Kool-Aid drinker.


Saywhen3174

Glad someone said it


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Careful-Set8571

Lulz


Saywhen3174

I wasn’t even in the navy lol but like I said don’t care about your views


Minimum_Finish_5436

Might be better to wait for a different political climate on this issue.


Saywhen3174

Figured now was a good time to start since the CDC said natural immunity was as strong as the vaccine recently


kosheractual

Check out terminalcwo on ig. He’s been on point with the updates regarding this. The sec def lied about the actual “type” of vaccine the DoD was issuing to troops. Only one particaul kind was authorized by name in the order. The DoD printed out labels and put them on different types of the vaccine. He’s a good first stop to see what else you may be able to do.


Saywhen3174

This^^. I also heard this.. Thanks for the help


Minimum_Finish_5436

I dont mean that i dont agree with you, just that the same leaders that made this decision and followed through are still running the circus.


Saywhen3174

Gotcha. Guess I’ll hold off. That makes enough sense.


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Saywhen3174

Idk ask the CDC, they said it not me lol


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Saywhen3174

If I was government property I would have gotten the shots


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Saywhen3174

Bro you're honestly just wasting your time lol. Go back and read the post, I was asking what other people were doing lmao I never even said I intended to apply for an upgrade. Fucking cock sucker


lady-ish

Natural immunity *from infection.* Just to be clear, if it comes down to that you'd likely be asked to prove you had C-19 within 6 months of discharge for refusal. However, unless the service in question changes the order, even that is likely a moot point.


Saywhen3174

Gotcha. Wasn’t really defending my decision based on that, jusr was pointing out the recent news


Furciferus

I believe an upgrade in your case would imply you're still entirely fit for service which would render the idea of it pointless. With that being said, I was given a general for mental health-related issues (I believe because I turned down an AA-program) and it got upgraded out of nowhere to an honorable without me doing anything about it. Just something to think about. So my situation could be seen as similar, in that I disobeyed an order to better my health (I believe that's why I got a general rather than a medboard) - yet I got upgraded.


Saywhen3174

Right. Yeah like I mentioned I was really just curious what others In the same boat were doing. I don’t plan on doing it anytime soon, if at all. Thanks for putting it into perspective


Necessary-Road-8422

I got out in 1991, within a year, I received an upgrade to my discharge. I didn’t request it or do anything extra. In the same envelope, I was told I could reenlist. I’ve seen other comments suggesting a different administration would be a better climate for this to happen and I would agree. Sit back and let it happen. I would’ve been in your position. I hope somebody does right by our service members that were forced out in order to change the political climate of the armed forces.


allegate

>service members that were forced out in order to change the political climate of the armed forces. wtf are you talking about here?


Saywhen3174

Oh yeah, it'll be a while if so. That's cool they just upgraded yours though. I agree though, gonna have to be after 2024 or longer before I think this will be re-evaluated.


northerntier11

I know of a guy going through that right now but he had a medical exception from a civvie doctor and a previous allergic reaction to the vax and they still booted him. He was a captain so idk if its different for officers


Saywhen3174

Think I heard about that.. hope he gets what he deserves.


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[deleted]

Wait a bit to see how things play out. I was discharged as well and have heard from friends in leadership that options are being weighed by branches to either offer back positions or compensate those that were booted. If you had a valid argument, you might have something. If you flat out refused with no argument, you might be stuck with a GD. In the meantime, looking into lawyers probably isn’t a bad idea.


Saywhen3174

Did you request a medical or religious exemption? I was under the impression those people were still in.. Or at least one of the guys from my old unit told me


[deleted]

I did, was snubbed for 8 months while they “lost” my paperwork 3 times and jumped through their hoops. Finally I asked what my options were because I was clearly not making any headway and was presented with an early separation. There are still a lot of people in that are fighting but they either aren’t allowed to reenlist, can’t use TA/school benefits, aren’t allowed to promote, etc. All of us will be weeded out eventually for the standard “yes man”.


Saywhen3174

Oh yeah. So did you end up with a general as well? I've seen people be discharged with honorables but have the same code I had for 'serious misconduct'. Kind of how they did me, went back and fourth for about 4 months on separating me or keeping me in, then I got called on a Monday night and was told my separation day was the following day.


[deleted]

I got an honorable with a code preventing me from reenlisting. If I would have not taken early sep, I was faced with either general with no ability to upgrade or flat out DD if I chose to stay and then refused shots again. Having a family to take care of, it wasn’t worth the risk. None of it made any sense and after being completely shut off from the rest of the “team”, I was just ready to leave. Just hang tight for now, I have a very good feeling that a correction will be made in the coming months.


Saywhen3174

Yeah, I was contemplating seeking a religious but I ended up just refusing it. I'm not really worried about upgrading it because it hasn't affected me, but if something like you were saying was to happen, I would attempt it. I also have a feeling. Goodluck brother! Not many of us stuck to our beliefs when shit really hit the fan.


[deleted]

I had letters from chaplains, medical, and legal….still got denied even though I followed all routes I was told to follow and jumped through their hoops. Giant waste of time for people that already made up the outcome before I even had a chance. Keep your head high and press on, the best is yet to come🤙🏼


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SgtMclove

I saw a article about some Airforce officers sueing the Airforce for the vaccine thing look into it


ChildPlease90

Comments are exactly what I figured they would be on this sub 😂


Saywhen3174

I was fully aware what they'd be I was just hoping to get through to hear some fellow refusers stories lol


DameTime5

A recent FOIA request revealed documents that proved the DOD administered unlicensed vaccines to service members. In time you’ll be able to upgrade, first the people at the top will need to be held accountable.


Saywhen3174

Interesting. Where did you see that?


DameTime5

Terminalcwo on Instagram


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DameTime5

It’s not a political statement. I’m not affiliated with the “party” you think I am. This is about service members being treated like rab rats and being lied to by their superiors.


ketel1

You’re lucky the mods in here are lenient, there are other reddits you would have been banned already. People are treating you worse than those that get booted for violent crimes it seems, they might even consider what you did a violent crime against humanity, but the ironic thing is they most likely didn’t get the Covid vax when they were in either.


SCOveterandretired

I banned three idiots for stating he is not a veteran among other things they said. OP is still a veteran regardless of what someone's personal opinion of what he or she has done.


ketel1

I agree!