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are you eligible for va benefits with a general discharge

by Prof. Lupe Monahan Published 2 years ago Updated 1 year ago
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Veterans who receive general discharges under honorable conditions are entitled to all VA benefits, with the exception of GI Bill education benefits.Apr 24, 2017

Can you get VA benefits with a general discharge?

Veterans with a general discharge, or general discharge under honorable conditions, are also entitled to all the benefits under the VA. This character means that a service member may not have met all of the standards of honorable discharge, yet their military service met standards of adequacy.

What is general discharge under honorable conditions?

The General Discharge, Under Honorable Conditions is assigned when there are infractions that do not warrant a judicial consequence. It can also be assigned when there is a medical reason for a discharge.

What is general under honorable conditions?

  • Involuntary separation due to parenthood
  • Diagnosis of a Personality disorder
  • Other designated physical or mental conditions

How bad is a dishonorable discharge?

In many states a dishonorable discharge is deemed the equivalent of a felony conviction, with attendant loss of civil rights. In some states, those who have been dishonorably discharged may also be barred from voting, holding office or doing jury service because they were discharged as the result of a felony conviction.

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Can you get disability with a general discharge?

Types of Discharges and Benefits Eligibility If you received an Honorable Discharge, Medical Discharge, or General Discharge Under Honorable Conditions, you are eligible for both disability compensation and VA health care.

Are you considered a veteran with a general discharge?

Current state law generally defines a veteran in three ways. The general definition is anyone honorably discharged or released under honorable conditions from active duty in the armed forces.

Can you get veteran benefits with a general discharge?

Veterans with a general discharge, or general discharge under honorable conditions, are also entitled to all the benefits under the VA. This character means that a service member may not have met all of the standards of honorable discharge, yet their military service met standards of adequacy.

Is a general discharge considered honorable?

A general discharge under honorable conditions means that your service was satisfactory, but did not deserve the highest level of discharge for performance and conduct. Many veterans with this type of discharge may have engaged in minor misconduct.

Can you get VA benefits with other than honorable discharge?

Veterans with other than honorable (OTH) discharges can apply now for health care and may receive treatment while VA reviews your application. The VA may treat you for: Your VA-rated, service-connected disability. Any conditions related to sexual assault or sexual harassment experienced during your service.

How do I get my general discharge changed to honorable?

You can apply to the Discharge Review Board (DRB) of your branch of the service for a discharge upgrade or a change in the discharge reason (that is, character of service).

How long do you have to be in the military to get VA benefits?

24 continuous monthsTo be eligible for most veterans benefits, a minimum period of active duty of 24 continuous months or the full period for which a person is called or ordered to active duty must be completed. This rule has been in effect since October 16, 1981 for new enlistees.

What's the difference between honorable and general discharge?

Recipients of General Discharges usually have engaged in minor misconduct or have received nonjudicial punishment under Article 15, UCMJ. While the “under honorable conditions” terminology is slightly confusing, there is a clear disadvantage to receiving a General Discharge in contrast to an Honorable Discharge.

Can I join USAA with a general discharge?

You must have separated with an Honorable or General Under Honorable Conditions discharge. Call 800-531-USAA (8722), that's 800-531-8722 to see if you qualify.

How does a general discharge affect civilian life?

1. It prevents future service. Individuals who receive a General Discharge, Under Honorable Conditions are not allowed to re-enlist once the dismissal has been completed. The discharge type prevents individuals from entering a different service of the armed forces as well.

Does a DD-214 show up on a background check?

The DD-214 is the most reliable documentation employers can secure and review regarding military discharge information. If using a background check provider, Form DD-214 is considered a record that falls under the requirements of the Fair Credit Reporting Act (15 U.S.C.

What qualifies someone as a veteran?

38 U.S.C. § 101(2) provides: The term "veteran" means a person who served in the active military, naval, or air service, and who was discharged or released therefrom under conditions other than dishonorable.

Can I call myself a veteran?

Yes, just recently signed legislation allows you to call yourself a Veteran. During the December 2016 transition period, President Obama signed H.R. 6416, a bill that says National Guard and Reserve retirees who had zero active duty time are now eligible to be referred to as Veterans.

What is a general military discharge?

A service member may receive a general discharge under honorable conditions if their performance is satisfactory but the individual failed to meet all expectations of conduct for military members.

How does a general discharge affect civilian life?

1. It prevents future service. Individuals who receive a General Discharge, Under Honorable Conditions are not allowed to re-enlist once the dismissal has been completed. The discharge type prevents individuals from entering a different service of the armed forces as well.

How long do you have to serve in the military to get a VA loan?

6 years in the Reserves or National Guard. If you can prove you served enough time and that you have the right type of discharge, you are eligible for the VA loan. You’ll receive a Certificate of Eligibility, which your lender will need to process your VA loan. Click to See the Latest Mortgage Rates.

What does it mean to be discharged with a discharge?

General discharge means that you were discharged with satisfactory performance, but there is some area that you did not meet the requirements. There was some type of no judicial punishment that you received for failure to meet the military expectations or for some type of misconduct that wasn’t bad enough to warrant a dishonorable discharge.

How many days do you have to serve to qualify for VA home loan?

You must serve at least: 91 days during wartime in the regular military. 181 days during peacetime in the regular military.

Do you have to prove you can afford a VA loan?

Don’t make the mistake of assuming that if you are eligible for a VA loan that you automatically qualify. You have to prove that you can afford the loan. The VA does have flexible guidelines when it comes to qualifying, but you still have to prove that you can afford it.

Do you have to have a dishonorable discharge to receive VA benefits?

In general, you need a discharge other than dishonorable in order to receive VA benefits. This means honorable, under honorable conditions and general discharge. The only exception to this rule would be if there is some type of special circumstance that left you with a dishonorable discharge.

How many priority groups are there for VA?

When you apply for VA health care, you’ll be assigned 1 of 8 priority groups. This system helps to make sure that Veterans who need immediate care can get signed up quickly. Your priority group may affect how soon we sign you up for health care benefits.

What does enhanced eligibility mean?

You may qualify for enhanced eligibility status (meaning you’ll be placed in a higher priority group, which makes you more likely to get benefits) if you meet at least one of the requirements listed below. At least one of these must be true.

Can I get VA health care benefits if I served in the military?

Am I eligible for VA health care benefits? You may be eligible for VA health care benefits if you served in the active military, naval, or air service and didn’t receive a dishonorable discharge.

What is the difference between a general discharge and an honorable discharge?

But, there are clear differences in getting a general discharge compared to an honorable discharge. If you received a general discharge, your overall military service was considered satisfactory. Those who get general discharges under honorable conditions receive all VA benefits, aside from GI Bill Education Benefits.

What does it mean to be discharged from the military?

A general discharge from the military means that you met the obligations of service. But this was likely with disciplinary actions or failure to meet specific standards. Perhaps the service involved circumstances where your conduct or duty was not commendable enough to result in an honorable discharge.

What are the different types of military discharges?

A military discharge refers to the veteran’s release from their obligation to continue service in the military. When discharged, a veteran receives a type of discharge along with a “characterization of service.” This usually falls into one of five categories: 1 Honorable 2 General under honorable conditions 3 Other than honorable 4 Bad Conduct 5 Dishonorable

What is an honorable discharge?

A person who receives a good or excellent ranking for their time in the service will be discharged honorably. Usually, a service member receives an honorable discharge by exceeding standards for performance and personal conduct during their time in the military.

How many periods of service can a VA member have?

For example, a service member may have two periods of service. The second may be issued with an honorable discharge and the second with a dishonorable discharge. In such a case, any conditions developed during the first period of service would be entitled for VA benefits.

What happens if you get a bad conduct discharge?

If you receive a bad-conduct discharge from a special court-martial, an other than honorable discharge, or an undesirable discharge, a ruling will be made to assess whether you’re eligible for benefits. These types of cases are conducted on a case by case basis.

What is a military discharge?

A military discharge refers to the veteran’s release from their obligation to continue service in the military. When discharged, a veteran receives a type of discharge along with a ‘characterization of service.’. This usually falls into one of five categories: Honorable. General under honorable conditions.

How does the VA determine eligibility?

The VA will determine your eligibility through a character of service determination. If you received a Bad Conduct Discharge that was issued by a General Court, you are not eligible for any benefits.

What does it mean when you receive an honorable discharge?

If you received an honorable discharge, which means you exceeded or met the military's standards for performance and personal conduct, you are eligible for all VA benefits and health care.

What does honorable discharge mean?

A general discharge under honorable conditions means that your service was satisfactory, but did not deserve the highest level of discharge for performance and conduct. Many veterans with this type of discharge may have engaged in minor misconduct. While a discharge under honorable conditions may not be what a veteran wants on his or her resume, it qualifies for VA health care, TRICARE's Continued Health Care Benefit Program (military health insurance), VA disability compensation, VA pension, VA home loans, and all other veterans benefits except for educational benefits under the Montgomery or Post-9/11 GI Bill. (For the Montgomery GI Bill program or Post-9/11 GI Bill program, you need an honorable discharge.)

What does it mean to be discharged under honorable conditions?

A general discharge under honorable conditions means that your service was satisfactory, but did not deserve the highest level of discharge for performance and conduct. Many veterans with this type of discharge may have engaged in minor misconduct. While a discharge under honorable conditions may not be what a veteran wants on his or her resume, ...

What happens if you have two or more periods of service?

If you had two or more periods of service, and one ended with good paper (honorable or under honorable conditions) and the other ended with "bad paper," there are some complicated rules about whether you are eligible for benefits. Generally, if you received good paper for the first period of service, and "bad paper" for the second, ...

Can you get VA benefits if you received a bad conduct discharge?

If you received a Bad Conduct Discharge that was issued by a Special Court Martial, you may still qualify for certain benefits just as if you had an other than honorable discharge. The VA will determine your eligibility through a character of service determination.

Who has the authority to grant an administrative military discharge?

A commanding officer with high rank or another active duty high ranking member of the United States military has the authority to grant an administrative military discharge.

What does it mean to receive an honorable discharge?

Receipt of an honorable military discharge means that you met performance and conduct standards while completing ...

What are the benefits of the Montgomery GI Bill?

VA Education Benefits: The Montgomery GI Bill and the Post-9/11 GI Bill both require military personnel to have received an honorable discharge from active duty service. Other educational programs for retired military personnel only require a military discharge status of anything other than under dishonorable conditions.

What are the requirements for military retirement?

Here are the specific military discharge requirements to maintain eligibility for these programs: Military Retirement Benefits: You must have a military discharge status of honorable, general, or under honorable conditions to maintain eligibility for retirement pay for military members. VA Compensation: To receive compensation for ...

What does "other than honorable discharge" mean?

Other than honorable discharge means that the military ended your active duty service prematurely due to an act of serious misconduct. Abuse of authority and/or fraternizations also fall under this category. You could receive an other than honorable discharge when you come to the end of your enlisted military service and opt for desertion rather than waiting to receive your formal military discharge from a superior. Any military service member convicted by special court-martial who did not receive a punitive discharge also receives an other than honorable discharge.

What are the reasons for a discharge?

A general discharge applies to service members who faithfully completed active duty even if they have some disciplinary issues listed on their military records. Common reasons to receive a general discharge under honorable conditions include: 1 Not maintaining military standards of dress 2 Not maintaining military standards of appearance 3 Not maintaining military standards for body weight 4 Not maintaining military standards for fitness 5 One or more minor disciplinary infractions while serving active duty 6 Not demonstrating adequate progress in your military training

What is the meaning of "absence from the military without receiving a formal leave"?

Absence from the military without receiving a formal leave (desertion) Being under the influence of drugs or alcohol while serving active duty. Driving a personal or military vehicle while under the influence. Dismissal is a type of punitive military discharge reserved for officers.

Does Character Of Service Determination Change Discharge Status

While a character of service determination can make an individual eligible for VA benefits and veteran status, it does not change their actual discharge status from the military. Again, it only means that VA is going to allow their benefits claim to proceed if the character of service discharge is favorable.

What Are The Benefits Of A General Discharge

The conditions under which the discharge was given is included on the service members DD-214, the document which outlines the specifics of their separation from military service.

Get A Certificate Of Eligibility

The first step in getting a VA loan is to get a certificate of eligibility . The required paperwork you need depends on your status but here are some examples.

Va Loan Requirement Guidelines

Below are some basic VA loan requirements to keep in mind when thinking about purchasing a new home. Getting all your documents organized and established makes the home buying process a much smoother experience.

What Is A Va Loan

A VA loan is a mortgage that benefits individuals who have served in the U.S. military. By guaranteeing a percentage of every VA home loan, the U.S. Department of Veterans Affairs lessens the risk to lenders.

Dishonorably Discharged Veterans Cant Use The Loan

No one sets out to get a dishonorable discharge on their record. That said, it happens and earning that discharge designation on your record will prevent you from being able to use the VA home loan program permanently.

What Are Typical Credit Ranges For A Va Mortgage

Its important to put that common 640 benchmark in perspective. The FICO credit score is used by most mortgage lenders and runs from 300 and 850.

What benefits do you get from a VA discharge?

If you have a general discharge, you qualify for several benefits. VA Compensation benefits include disability, dependency and indemnity compensation, and special monthly compensation. Also, those with this type of discharge qualify for a pension, home loan, and insurance benefits. Although, if you want education benefits, ...

What is the difference between a general discharge and an honorable discharge?

General Discharge vs. Honorable Discharge. An honorable discharge is the highest level of discharge a service member can receive. It means the expected duties were well-performed, and the member was faithful to their assigned duties. A general discharge is considered an administrative discharge.

What does "other than honorable discharge" mean?

Typically, this type of discharge means you struggled to meet expectations for conduct and performance and show a pattern of behavior that is not in line with a service member’s expectations.

What are the reasons for discharge?

In some cases, the discharge is due to not maintaining expectations in the following areas: 1 Dress and appearance 2 Fitness and weight 3 Success in completion of training 4 Minor issues with discipline

What is discharge review board?

You may consider the Discharge Review Board if you feel your discharge was not proper or equitable under the law. For instance, a veteran might suffer from post-traumatic stress disorder (PTSD), and the disorder is the reason for the behaviors that caused the discharge in the first place.

Is a release for any reason a statutory bar to benefits?

§ 5303), a release or discharge for any of the following reasons constitutes a statutory bar to benefits, unless it is determined that the Servicemember was insane at the time he/she committed the offense that resulted in the discharge:

Is discharge dishonorable in VA?

A: Yes. As established by VA regulation 38 CFR § 3.12(d), an individual’s character of discharge is considered to have been issued “under dishonorable conditions” if he/she was released under any of the following circumstances:

Can you get VA medical treatment if you have a discharge?

A: Yes, in some situations: If an individual received a discharge “under other than honorable conditions,” he or she may still be eligible for treatment at a VA medical facility for disabilities determined to be service connected, unless the individual is subject to one of the statutory bars to benefits specified in 38 U.S.C. § 5303.

What is an honorable discharge?

Honorable Discharge. An honorable discharge is the top level of military discharge. It’s also the most common. Veterans with this character of service are eligible for all benefits through the VA, such as disability pay, education benefits, and healthcare benefits.

What is bad conduct discharge?

Bad conduct discharge is a punitive discharge, so these situations typically involve some type of discipline. Service members who receive this type of discharge may be barred from reenlistment. They may also serve time in a military prison. A special court-martial determines this service character through a criminal trial.

How long is AWOL for veterans?

Benefits are not payable to a veteran who was absent without official leave (AWOL) for a period of at least 180 days. This bar for an extended period of AWOL may be removed if there is a finding of compelling circumstances which could excuse the absence.

What does insane mean in VA?

For purposes of the VA, an insane person is one who, while not mentally defective or constitutionally psychopathic exhibits, due to disease, a more or less prolonged deviation from his normal method of behavior, or who interferes with the peace of society. Insanity would remove the bar to benefits. One other important point to know ...

Do veterans have to have an honorable discharge to receive education benefits?

Veterans must have an honorable discharge to receive education benefits through the Post-9/11 GI Bill or Montgomery GI Bill.

Can I get VA benefits with an honorable discharge?

Can I Get VA Benefits With an Other Than Honorable Discharge? To be eligible for disability compensation through the United States Department of Veterans Affairs, a veteran’s discharge must be under conditions other than dishonorable. This does not mean that an honorable discharge is required for receipt of VA benefits—a general discharge, ...

Can you get a discharge upgrade if you are an honorable discharge?

One option for a veteran with an other than honorable discharge is to apply for a discharge upgrade through a Discharge Review Board. This is a process outside the VA. If a discharge is upgraded through this process, the VA will consider the upgrade in determining eligibility for benefits, but the discharge upgrade does not automatically remove ...

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