Veterans benefit battle
Peggy sent us a link from a local Memphis TV station about Tshonba Bernard, supposedly a veteran of the war against terror, even though they don’t mention which battlefields who is unable to get veterans benefits from the VA who says that they can’t find a reason for his claim for PTSD. Here’s a screenshot of his uniform in the video at the link;
Now, that’s not the uniform of someone who deployed to the war. There’s no combat patch and no campaign ribbons. There’s also no infantry cord, even though there’s an EIB and the brass looks like infantry branch insignia. There would be a CIB if he’d deployed with an infantry unit as his branch insignia indicates.
AKO says he’s still in the National Guard and a sergeant in B Co. 1/224th Aviation Regiment (unless there is more than one Tshonba Bernard in Tennessee). Now, I’m not sure if NG guys still in the service can get DVA benefits, but it looks like he’s getting treatment from the pile of pills on his nightstand in the video at the link above.
While I agree that it takes entirely too long for veterans to get the benefits that they deserve, the media should do a better job of picking the veterans they use in their reports.
Added by Sporkmaster:
Also if he was National Guard, wouldn’t he get this instead?
Also did anyone else notice this with the Air Assault Badge?
Category: Media, Veterans Issues
Those are the old class As, so giving him the benefit of the doubt, it’s possible that he simply never updated his dress uniform from his SPC days when the Army transitioned to the ASU. The Guard is less likely to need the ASU so why pay for it?
The Guard still has not transitioned to the ASU. Wear out date for the greens isn’t for a few more years, even though you can’t buy them new any longer.
Unless medically discharged or retired, it is legal for soldiers to serve in the Reserve Components while entitled to VA benefits. However, I’m pretty sure that someone who’s been medically discharged or medically retired cannot serve in the USAR or ARNG unless and until the underlying reason for their medical discharge/retirement has been resolved.
Current federal law requires individuals serving in the Reserve Components who are entitled to VA compensation to waive either (1) all military pay and allowances, or (2) their VA compensation whenever they’re serving on paid duty (AD, AT, or drill). They cannot legally receive both.
If such an individual’s medical condition precludes them from performing their military duties, their unit should process them for a PEB (and medical discharge from the Reserve if warranted). If they can perform their military duties to standard, then they can continue to serve.
I personally know of one individual entitled to 30% VA compensation who was serving in the USAR who returned to active duty and served a year in-theater. Not sure how common that is, but I’d guess it happens more often than you’d think.
I had a 10% rating from the VA when I got out of active duty. I was medically discharged (had a few knee surgeries that didn’t heal fast enough). When I re-upped into the reserves I had to send a letter to the VA notifying them that I would be back in. I had to drop my 10% though…..
The flash behind the AA badge… Possibly either the 3-327th (Battle Farce) or 3-502d in 101st.
30% is the magic number for disability. If you receive over 30%, then you can not serve in either AD or a Reserve Component. In my previous life, I was a company RMNCO for a NG unit. Among the things I dealt with were soldier issues with the VA and soldiers being processed for medical issues. The first step is the Medical Evaluation Board. If the MEB determines that you should be discharged you can appeal via a PEB which is reviewed at the DA level, (it used to be done at Walter Reed.) I have only seen one successful appeal in 19 years. I have also seen MEB paperwork get lost to the point that once AGR SFC was in limbo for 3.5 years due to paperwork being lost and the process having to start over. If this guy is legit and is at the mercy of the MEB process I feel for him.
RobD: You should only have had to give up your VA compensation when receiving USAR/ARNG pay (e.g., drills AT, serving on full-time AD). An example: if you were serving in a full-time USAR or ARNG AGR position, that would have required a full waiver of your VA compensation (since you’re receiving military pay every day). However, if you were in a unit or other non-full-time Reserve position, you should only have had to waive VA compensation for those days on which you were paid for duty.
One wrinkle for the USAR and NG: if you drill, you get two days base pay for 1 day duty. So you have to waive 2 days VA compensation for each drill day (or waive the drill pay).
The write-up at the attached URL provides a good explanation, along with an example.
http://www.ndguard.ngb.army.mil/benefits/veteransbenefits/dualcompensation/Documents/Dual-Compensation-Fact-Sheet.pdf
The write-up in the URL above is from the NGB, but the dual-comp rules are the same for the USAR.
Nichevo: correct; my post above should have said MEB vice PEB. Was working from memory, which is not always 100% accurate.
Hondo, no worries. Being current on the MEB/PEB process is sometimes something I wish I didn’t know. It sucked having to tell a soldier who still wanted to serve that he couldn’t. One of things I do with my soldiers now that I have gone to the darkside is make sure they get briefed on things that are often overlooked, (such as med procedures, education benefits and assets they don’t know about, etc.)
It is one of the areas where I see the NG and USAR could do more in regards to putting out information. A lot of info fails to get put out to soldiers when they demob from Title 10 and go back to being reservists.
He’s a Sergeant, yet not one AAM? No NCOPD Ribbon? No NDSM? No ARCAM? the DUI arent the 224th Aviation either
Sporkmaster: it’s fairly common for enlisted in the USAR or ARNG to have an active-duty GCM. Many in the USAR or ARNG enter after completing a full enlistment (3 or 4 yrs) in the RA.
The oval behind the Air Assault wings appears to be that of the 3/187th INF. If he was prior active duty w/that unit as an infantryman, could be the guy never removed the oval behind his air assault wings. The oval is authorized for wear behind the air assault wings by air assault qualified members of the 3/187th (and other designated units) while serving in that unit. It could also explain the infantry branch brass and the EIB.
It’s also not terribly uncommon for folks transitioning from RA to USAR/ARNG to transfer branch/change MOS due to lack of suitable units in their geographical area.
If the Soldier has a profile, then they can still serve though they have to be put forward to the MAR2 board for MOS Retention if the PULHES does not match.
Jonn,
Are you suggesting that the propaganda media go back to fact checking before they do a story? Do you know how much extra time, effort, and money that would take?
His centerline of the “U.S” and Branch isignia’s are not parallel with the inside edge of the lapel.
What a tool. I would have dropped him for that one.
#11,
I almost positive that’s a 3/187 oval; I have a few left over from way back when but I’m too lazy to grab one to compare right now.
Maybe that’s an older uniform that isn’t worn anymore. That would explain the lack of “been there” ribbons and combat patch. As for the CIB/EIB, I recently had the latter sewn on a new uniform, but I still wear Old Abe on the right sleeve. The CIB is supposed to take precedence, but I like the look of the EIB and the fact that it is almost as rare in today’s Army as the CIB was when I joined ten years ago.
Give the guy a break. I am an E4 in the Army NG. I have deployed to OIF and 7 ribbons. However, my dress greens say I am an e1 with only the army service ribbon and ndsm. Why? Because I have no had them on since basic training in 2006. Also, you can make sergeant prior to attending wlc. So if you saw my dress greens you would think I have not been there yet either.