Does a Temporary Felony Offense Affect GI Bill Benefits?

October 29th, 2010
by Ron Kness
I am a paralegal and I work for a lawyer. We have a client who is a veteran and has been charged with reckless discharge of a weapon. He and a friend had been drinking, and he was showing his buddy a new shotgun that he had purchased. It accidentally discharged in the air. No one was hurt. He has been offered a plea, but the plea is to a felony. No incarceration time in jail or prison.

After a successful term of probation (most likely one or two years) his offense will be modified to a misdemeanor. Can you tell me what effect this temporary felony will have on his benefits? He has a disability/retirement (non-combat related, automobile accident on base) and is going to college. Thank you for any help or direction you can give me. – Olga

I can only speak on the education-related part of your question Olga, but from what I can find, I don’t think it will have any effect on his GI Bill benefits.

The VA website talks about both incarceration after a felony conviction and fugitive felon status affecting GI Bill benefits, but having a felony without incarceration is not addressed, so I’m assuming it does not have an effect.

For incarceration, the VA can only pay for tuition, fees, books and supplies. For fugitive status (having an outstanding arrest warrant), they can’t pay anything at all.

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