Question on Eligibility

[NM_AlienVisitor]

Hello everyone,

I just found this website and forum and I have question about eligibility that I hope someone could help me out with.

To make a long story short - I was in the Army 17 years ago and I was released with an OTH Discharge in Lieu of Court Martial by taking a Chapter 10 administrative discharge. There was break in on our base and the guy I bunked with was part of that break-in. When the CID investigator questioned me I asked to have a lawyer present. They took this as indication of my involvement of the break-in, but I was not a party before or after the fact. I was never arrested but when everything played out my commander included my name when charges were being handed out. I ended up taking a chapter 10 option because my JAG lawyer put me the fear of God into me about being convicted even though I thought I would be exonerated easily, and the chapter afforded me an option to not be convicted of a crime. Fast-forward to now, I am applying for my TX CHL but I didn't put anything that happened to me in the military since couldn't remember what the charges were and because I was never "arrested". Of course, those charges ended up coming up in my background check. Is this going to prevent me from getting my CHL? Thank you.

[Keith B]

Hello everyone,

I just found this website and forum and I have question about eligibility that I hope someone could help me out with.

To make a long story short - I was in the Army 17 years ago and I was released with an OTH Discharge in Lieu of Court Martial by taking a Chapter 10 administrative discharge. There was break in on our base and the guy I bunked with was part of that break-in. When the CID investigator questioned me I asked to have a lawyer present. They took this as indication of my involvement of the break-in, but I was not a party before or after the fact. I was never arrested but when everything played out my commander included my name when charges were being handed out. I ended up taking a chapter 10 option because my JAG lawyer put me the fear of God into me about being convicted even though I thought I would be exonerated easily, and the chapter afforded me an option to not be convicted of a crime. Fast-forward to now, I am applying for my TX CHL but I didn't put anything that happened to me in the military since couldn't remember what the charges were and because I was never "arrested". Of course, those charges ended up coming up in my background check. Is this going to prevent me from getting my CHL? Thank you.

Welcome to the forum.

It really depends. The way I understand your post is that you have already applied for your CHL, but DPS has found the incident on your background check?

If that is correct did DPS send you something asking to provide documentation on the incident? If so, then you need to provide the actual discharge papers showing that you received an OTH discharge but were never convicted on anything. I don't believe that a Chapter 10 OTH is a conviction for the purpose of CHL, but no matter, you need certified documentation showing the disposition of the case for DPS.

[NM_AlienVisitor]

Keith, thank you for the welcome!

Yes I already applied for my CHL. I already have an Arizona CCW but wanted to get my Texas one since I now live here. They asked for my DD214 which shows my OTH discharge and I sent that to them. I have requested and received all of my records from the Army. Since I took the administrative discharge formal charges were never filed and I was never reprimanded before a court-martial. My records don't show anything about the discharge other than my request for chapter and the approval. It doesn't even show the original charges. I have been sitting in limbo for 2 months with DPS and I don't feel like I am making much progress. When I call on the status, I get told one of the eligibility officers will call me in 5 business days and they never do. I have also reached out to my representative but they haven't responded either. I am kind of at a loss on what to do.

[Keith B]

2 months is not that long, especially if they asked for your DD-214. If that's all they asked for and you sent it, then I would just hang tight a little longer. They have a lot of pending license apps, so they should process it, it will just take a little longer.

[NM_AlienVisitor]

No it's been 2 months since they asked for my DD214. It's been a little over 4 months since I applied. What get's me is that I get absolutely no knowledge of where I stand or if they require anything else from me.

[Ziekk]

Go ahead and call them. 4 months is excessive.

[Khanhvu2912]

No it's been 2 months since they asked for my DD214. It's been a little over 4 months since I applied. What get's me is that I get absolutely no knowledge of where I stand or if they require anything else from me.

If you are going to call them, ask for a license and permit specialist, if they try not to transfer you to the specialists, just tell them you are returning a call from the specialist

[NM_AlienVisitor]

I tried calling today to find out where I stand. I was told again that an "eligibility investigator" would need to contact me and also that they have 180 days from when they send the letter to investigate. I asked for a "license and permit specialist" and when they transferred me the line rang once and then went dead. I have to say I am very frustrated.