A few words in a file represent your entire military experience. Those words matter immensely when it comes to the VA benefits you’re entitled to after your discharge. Whether you had a military career full of honors, one that was cut short before it really even started, or made decisions that negatively impacted your status, you’ll want to know how the character of discharge you received affects your VA benefits. This post explains the types of military discharges and what they mean for you. We also share how to have your discharge reviewed or upgraded.
Talk to Us About Your Claim:
(812) 426-7200
In this article about other than honorable discharge benefits:
Characters of discharge and your VA benefits
The benefits you’re eligible to receive from the VA depend on the type of service you completed, the duration of your service, and the character of your discharge. Your character of discharge essentially means the terms you separated or left the military on.
If you left the military honorably, you’re considered to have “basic eligibility” for VA benefits. While you can still be denied VA benefits, you aren’t automatically barred from them due to your discharge. However, other types of discharge may prohibit you from receiving benefits or require the VA to make a character of discharge review and determination to access them. A discharge upgrade can also make you eligible.
Honorable and under honorable conditions discharge benefits
An honorable discharge or discharge under honorable conditions are a common type of military separation. It means you met the service requirements with integrity, and if you experienced any disciplinary issues, they were minor.
To qualify for an honorable discharge, a service member must:
- Complete their enlistment or contract time commitment satisfactorily
- Fulfill other agreed-upon obligations
- Maintain high standards of conduct and discipline
For fulfilling these obligations, veterans are eligible to receive many benefits, including:
- VA disability compensation
- VA health care, including mental health services
- Education benefits, including the GI Bill
- VA home loans
- Job training through the VRE program
General discharge benefits
A general discharge from the military means you met the obligations of service, but you received disciplinary action for something you did, or failed to meet some standards. Basically, it means your service was satisfactory, but you experienced a pattern of issues with conduct or did not complete your original service contract.
If you received a general discharge, you still have basic eligibility for most VA benefits including health care and disability. One exception is benefits under the GI Bill, which requires an honorable discharge to use.
Other than honorable discharge benefits
An other than honorable (OTH) discharge is for service members who commit serious misconduct. It is the most severe form of administrative, nonpunitive discharge. You may receive an OTH discharge if you commit a crime that is a misdemeanor outside of the military and are arrested during your civilian time.
If you have an OTH discharge, you typically aren’t eligible for full VA benefits. However, you may still be able receive VA health care for service-connected disabilities, including mental health services.
To access any benefits, you’ll need to go through the character of discharge review process. We explain more below.
Uncharacterized discharge benefits
An uncharacterized discharge is given to service members who leave the military before completing 180 days of service.
Uncharacterized discharge are classified in one of three ways:
- Entry level separation. These separations are considered under conditions other than dishonorable.
- Void enlistment or induction. This type of discharge is reviewed based on facts and circumstances surrounding separation to determine whether the separation was under conditions other than dishonorable.
- Dropped from the rolls. These separations also are reviewed to determine whether they were under conditions other than dishonorable.
You might receive an uncharacterized discharge if a mental or physical health issue arises or is uncovered at the beginning of your training. You also might receive this type of discharge if you become pregnant at the beginning of service.
These separations are administrative discharges and don’t necessarily disqualify you from benefits. The VA can conduct a character of discharge review to determine benefit eligibility.
Bad conduct discharge benefits
A bad conduct discharge is a punitive discharge given you do something that results in you being court-martialed or receiving jail time. Examples of these actions may include being drunk on duty, being arrested for disorderly conduct, or driving under the influence.
This type of discharge isn’t as bad as a dishonorable discharge and is used as punishment for bad actions or repeated minor offenses.
If you have a bad conduct discharge, you are not entitled to benefits, but you may receive some VA benefits if you go through a character of discharge review.
Dishonorable discharge benefits
A dishonorable discharge is given to service members who commit egregious or felonious acts, like murder or desertion. If this is your situation, you will likely receive a court martial and may spend time in military prison. Upon your release, you are ineligible for federal jobs and government benefits.
Former service members with a dishonorable discharge can appeal for VA medical benefits, but you’re unlikely to receive them. However, in rare cases, you may be able to prove insanity or have a compelling reason for going AWOL.
How can I check my character of discharge?
You may already know the character of discharge you received from the military. However, if you’d like to check it, it’s listed on your DD Form 214, which is your Report of Separation. The form states your reason for separation and the characterization of your service, as well as other basic information like the dates and branch in which you served.
If you no longer have your DD214, you can request a copy.
Character of discharge review
Veterans with dishonorable, bad conduct, other than honorable, and uncharacterized discharges may not automatically qualify for many VA benefits like disability compensation and healthcare. However, by applying for these benefits, they automatically opt in to a character of discharge review.
A character of discharge review is the VA’s process for determining whether a veteran should qualify for the “other than dishonorable” discharge distinction that makes them eligible for benefits.
As long as you don’t fall under any of the bars to benefits listed in the U.S. Code, there is a chance your request for benefits will be granted. These bars to benefits include being a conscientious objector or deserting your position.
Character of discharge determinations can help a veteran access crucial VA benefits, but is not the same as formally upgrading a discharge. We explain that process below.
“Woods and Woods are the only attorneys I would recommend for veterans, they did a great job for me. 100 percent P&T disability, very caring and understanding. They will not quit until they win. I am so thankful for what they did for me.”
B.C., a Navy veteran in California
From a Google review for Woods & Woods
Upgrading your military discharge
Veterans can also request an upgrade in their discharge status from the Department of Defense through their branch of service. Upgrading a military discharge is different than receiving a character of discharge review; getting an upgrade will permanently change your military records.
If your request for a discharge upgrade is granted, you may become eligible for additional VA benefits.
You may have a stronger case for a discharge upgrade if your discharge was connected to:
- A mental health condition like PTSD
- Complications from a traumatic brain injury (TBI)
- Military sexual trauma (MST)
- Your sexual orientation
To receive a discharge upgrade, you can apply through either your military branch’s Discharge Review Board or the Board of Correction for Military Records.
To receive an upgrade, you must complete a DD form 293 and provide evidence to support your claim that your status should be upgraded. There is no deadline to apply for a change to your character of discharge status, but if you were discharged more than 15 years ago, this process will look different.
These reviews will look at your military records, and you can also request a hearing.
Talk to Us About Your Claim:
(812) 426-7200
FREQUENTLY ASKED QUESTIONS
Yes, you can receive VA benefits with an other than honorable discharge. To be considered for benefits, you’ll need to submit a claim to the VA, either for disability or medical benefits. Then, the VA will make a character of discharge determination to decide if you should receive discharge “under conditions other than dishonorable.” This distinction allows you to receive some military benefits.
Veterans can receive VA disability benefits only for service-connected conditions incurred or aggravated during periods of service when they served other than dishonorably. Vets can apply for benefits for any period of service and receive a character of discharge determination to see if the VA will still provide benefits. They may also request a discharge upgrade for a period of service if seeking further disability benefits.
Neil Woods
VA disability attorney
Woods & Woods
Neil Woods is the firm’s owner and president. He received his law degree from Western Michigan University.
