Certain uncharacterized discharges are considered "honorable for VA purposes" which would make you entitled to benefits. Fill out the 21-526 or use the VONAPPs application and provide a copy of your 214 and any other documents you have regarding your discharge.
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 benefits can you receive with a general discharge?
You must meet the following guidelines:
- 620 credit score
- 43% maximum debt ratio
- No federal defaulted loans
- Stable income and employment for the last 2 years
- Proof that you will live in the home as your primary residence
What are general discharge benefits?
- Mental health conditions, including post-traumatic stress disorder (PTSD)
- Sexual assault or harassment during military service (referred to by VA as military sexual trauma or MST)
- Traumatic brain injury (TBI)
- Sexual orientation
- Gender Identity
What are the different types of military discharge?
- Honorable Discharge. Everyone who serves in the military hopes to receive an honorable discharge. ...
- General Discharge. ...
- Other Than Honorable (OTH) Discharge. ...
- Bad Conduct Discharge. ...
- Dishonorable Discharge. ...
- Entry-Level Separation. ...
- Medical Separation. ...
- Separation for the Convenience of the Government. ...
Can you get benefits with an uncharacterized discharge?
An uncharacterized discharge, regardless of the reason, still entitles the recipient, who is otherwise eligible, to all rights and benefits under USERRA. 38 U.S.C.
Can I get a VA loan with an uncharacterized discharge?
To receive VA home loan benefits and services, the Veteran's character of discharge or service must be under other than dishonorable conditions (e.g., honorable, under honorable conditions, general). Generally, there is no character of discharge bar to benefits to Veterans' Group Life Insurance.
Is entry level separation considered a veteran?
You need to emphasize to them that this is not the same as dishonorable, and that you are still considered a veteran for Federal student aid purposes. An “Entry Level Separation” will occur when the individual had fewer than 180 days of continuous active service. The “Character of Service” will be “Uncharacterized”.
Is an uncharacterized discharge considered honorable?
The usual discharge characterizations are honorable, general (or under honorable conditions), under other than honorable (and uncharacterized), bad conduct, and dishonorable.
Why does my DD214 say uncharacterized?
Entry level separations, or uncharacterized discharge, are given to individuals who separate prior to completing 180 days of military service, or when discharge action was initiated prior to 180 days of service. This type of discharge does not attempt to characterize service as good or bad.
Can an uncharacterized discharge be upgraded?
Each service has a Discharge Review Board (DRB) which can upgrade general, other than honorable and special court-martial bad conduct discharges (BCDs), and can also discharges to or from uncharacterized entry level separations (ELSs). DRBs can also change the reason for discharge.
Are you a veteran if you didn't finish basic training?
According to the Veteran Affairs Guidelines for establishing veteran status: If you were discharged while still undergoing basic training (or any required training, for that matter), you are considered as a veteran if your discharge was due to a disability sustained because of your training.
What happens if you get discharged from basic training?
These discharges may result in prison time, depending on the severity of the crime. Dishonorable discharge: A dishonorable discharge is a serious offense, and generally reserved for particularly poor conduct. Anything from sexual assault to desertion could end in a member's dishonorable discharge.
Does basic training count as active duty time?
No, training doesn't count as active duty. For the regular Army/Navy/Air Force/Marine Corps/Coast Guard, active duty begins when a military member reports to a duty station after completion of training (basic, officer training, tech school).
What disqualifies you from VA benefits?
If you're a current or former member of the Reserves or National Guard, you must have been called to active duty by a federal order and completed the full period for which you were called or ordered to active duty. If you had or have active-duty status for training purposes only, you don't qualify for VA health care.
Does an ELS show on a background check?
Yes, an employer can find out a ELS by looking at the DD214. But it will not come up on a background check.
Can I be a police officer with an uncharacterized discharge?
Commission Rule 217.1(b)(13) states that a person may only be licensed if the person “has never received a dishonorable or other discharge based on misconduct which bars future military service.” The current Rule gives a two-part test, both of which must be satisfied for a person to be ineligible for licensing.
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 ...
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 ...
Does insanity remove the bar to benefits?
Insanity would remove the bar to benefits. One other important point to know with regard to the character of discharge is that VA can grant benefits for an injury or disability which occurred during a period of honorable service even if the veteran later has a period of dishonorable service.
How to upgrade VA benefits?
You can either request an upgrade through the DOD (not a good shot of actually getting it), or you can file a claim for benefits with the VA , and the VA will then review the reason of your discharge and complete an adminitrative decision. Certain uncharacterized discharges are considered "honorable for VA purposes" which would make you entitled to benefits. Fill out the 21-526 or use the VONAPPs application and provide a copy of your 214 and any other documents you have regarding your discharge. After you submit the claim you will receive a special letter which will ask you to provide any information and evidence which could be used in making the determination of either being eligible for all VA benefits, eligible for only VA health care benefits, or not eligible for any VA benefits at all.
Is a discharge honorable for VA?
Certain uncharacterized discharges are considered "honorable for VA purposes" which would make you entitled to benefits. Fill out the 21-526 or use the VONAPPs application and provide a copy of your 214 and any other documents you have regarding your 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 is an Administrative 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. Soldiers retiring from military service will receive one of the following four types of administrative military discharge if they have not previously received a punitive discharge.
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 VA home loan program?
VA Home Loan Program: Former service members applying for mortgage financing must have had a military discharge status of general, honorable, or under honorable conditions.
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.
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.
How does discharge affect VA benefits?
Title 38 of the United States Code determines a veteran’s eligibility for VA benefits and services according to discharge status. To receive VA benefits, your character of discharge or service must generally not be under dishonorable conditions. However, some programs are stricter ...
What VA Benefits Are Off-Limits With a Dishonorable Discharge?
A dishonorable discharge can make you ineligible for many VA benefits and services, including:
How to get paid faster for VA disability?
A VA-accredited lawyer won’t charge anything to help you file claims, appeal a denial or give specific advice for your situation. A lawyer is the best way to get paid the most VA benefits you’re owed faster. In fact, last year’s annual VBA report shows 4 in every 5 veterans with lawyers prevailed against the VA in court.
What to do if you have a dishonorable discharge?
If you have a dishonorable discharge, be sure to submit anything that paints you in a positive light.
How to change discharge status?
To change it, you’ll have to prove your discharge status is incorrect to the board. Include any evidence that supports your request, such as: 1 Signed witness statements 2 A legal brief from your lawyer with arguments that support your application
What is the honorable status in the military?
Honorable: This status applies to service members who exceed the military’s performance and personal conduct standards.
Can a veteran receive education benefits under the GI Bill?
For example: A veteran with general discharge status cannot receive education benefits and services under the GI Bill program.
What happens if a court martial imposes an other than honorable discharge?
If a special court-martial imposes an Other-Than-Honorable administrative discharge, Dismissal, or Bad-Conduct-Discharge, certain veteran’s benefits may not be available. In cases such as these, the Department of Veteran’s affairs (VA) is tasked with determining a service member’s time as “other than honorable,” by applying to standards vested by Congress in Title 38, Section 3.12 in the Code of Federal Regulations (CFR).
What are the two categories of discharges?
Discharges however, fall under two categories: Administrative and Punitive.
What is separate discharge review board?
Separate Discharge Review Boards are available to veterans with regard to the particular branch in charge of their discharge. These boards include the Army, Air Force, and Coast Guard. The Navy controls the board for all employees and members of the Navy and the U.S. Marine Corps. Non-military members are appointed by the secretary of the equivalent service branch to each board.
How long do you have to be in the military to qualify for VA home loan?
For example, to be eligible for the VA Home Loan Program, a veteran whose service took place during the Gulf War would need at least 24 months of continuous active-duty to qualify. If their service took place during the Vietnam War, the minimum length of active duty required is 90 days. At least six months of service is required for members of the National Guard or Reserves, unless they qualify due to active-duty status.
Why is keeping evidence and statements narrowed down to the duration of time spent in service advantageous?
Keeping evidence and statements narrowed down to the duration of time spent in service is advantageous for the case and the time of the board. They will not be interested in extraneous information that is not applicable to the appropriate time period of service in question.
What happens if the Department of Defense rejects a request?
If all else fails and the board rejects the request, there is no further appeal with the exception of the federal court system and in such a case the individual must file a lawsuit against the Department of Defense . If new evidence comes to light after the rejection that has bearing on the case, it is possible to request the board to reconsider.
What is discharged for homosexuality?
A service member is discharged for homosexual actions involving provoking situations or other factors affecting the routine of duty including child molestation, homosexual prostitution, homosexual acts or conduct followed by assault or coercion, and homosexual acts or conduct taking place between service member of different ranks, or if a service member has abused his or her superior rank.