u/LittlePsychology4023

I need some advice or shared experiences. I served about 10 months in the Marines and received an Entry Level Separation with an uncharacterized discharge. My DD‑214 clearly says "Uncharacterized."

I filed claims for PTSD, TBI, depression, anxiety, and MST. Since I live overseas, VA couldn't find examiners here, so they sent me DBQs to take to a local doctor. I completed 8 DBQs and the doctor said my conditions are more likely than not caused by service.

After I submitted everything, VA sent me a letter saying they are doing a Character of Discharge (COD) review and asked me to explain why my service was honorable. I was confused because I thought uncharacterized discharges were automatically considered "under honorable conditions" for VA purposes.

I reached out online and two VA employees who process CODs told me that my case should not have triggered a COD review. They said per the M21‑1 manual, uncharacterized discharges are just updated to "under honorable conditions" without a formal review.

They suggested I schedule a VERA call to see what's going on. I did. The VERA representative told me that in their system, my discharge is listed as "Other Than Honorable" (OTH). I said that's not right and asked her to look at my DD‑214. She pulled it up and then got rude and started gaslighting me. She wouldn't explain why the system said OTH when my official record says Uncharacterized.

I called VERA again, different person. Same thing – system says OTH.

So now I'm stuck in a COD review that shouldn't exist, because someone at VA apparently coded my discharge wrong. My claim has been pending for about 8 months and I'm getting nowhere.

Has anyone else dealt with a VA internal coding error like this? How did you get it fixed? Should I go straight to DAV or is there a faster way to get the code corrected? Any advice on what to say to VERA or who to escalate to would be really appreciated.

Thanks

I was separated from the Marines after 10 months. Entry Level Separation, uncharacterized. DD-214 says "Entry Level Performance and Conduct." Separation paperwork says "willful disobedience / refusing to train."
Here is what actually happened – and what is in my records.
The injuries:
Hit in head with shovel during training – positive TBI screen, cognitive complaints, TBI clinic referral.

Sexually assaulted (MST) by another Marine.

PCL-5 43 (moderate PTSD), PHQ-9 22 (minor depressive), GAD-7 16 (moderate anxiety).

Multiple behavioral health visits, all during service.

The treatment timeline
I was actively seeing mental health providers and being evaluated for TBI right up until my separation – including visits days before I was processed out. My command knew I was in crisis because I was the one who went to them.
What my command did:
Instead of treatment, they told me my mental health issues would "get me stuck" and that the easiest way out was to refuse to train. They gave me that path, and I took it because I was terrified and broken. I have current diagnoses of PTSD, TBI, depression, anxiety, and a doctor's opinion that they are service-connected.
The legal part:
I know 38 CFR 3.12(l)(1) says an uncharacterized ELS "shall be considered under conditions other than dishonorable." But the "refusing to train" is in my file.
My question for you:
For those who have been through a VA Character of Discharge determination with a similar pattern – ELS, performance/conduct, documented medical crisis, command pushing you out, active treatment right up to separation – did VA approve or deny your COD? Did the 2024 "compelling circumstances" rule (3.12(e)) help? What should I realistically expect?
Or any VA workers have insight on what to expect?