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do you get va benefits with other than honorable discharge

by Sid Kutch Published 2 years ago Updated 2 years ago
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Other than Honorable (OTH) discharge? You may qualify for VA medical benefits. VA provides world-class health care to eligible Veterans, including those with Other Than Honorable discharge status.

If you received a discharge under conditions "other than honorable," you ordinarily are not eligible for most VA benefits.

Full Answer

How bad is an other than honorable discharge?

The most severe type of military administrative discharge is other-than-honorable conditions. In most cases, veterans who receive an other-than-honorable discharge cannot re-enlist in the Armed Forces or reserves, except under very rare circumstances.

What is discharge under other than honorable conditions?

What Are The Different Types of Discharge?

  • Honorable Discharge. An honorable discharge is the top level of military discharge. ...
  • General Discharge. Veterans with a general discharge, or general discharge under honorable conditions, are also entitled to all the benefits under the VA.
  • Other Than Honorable Discharge. ...
  • Bad Conduct Discharge. ...
  • Dishonorable Discharge. ...

What is the difference between general and honorable discharge?

An honorable military discharge is a form of administrative discharge.A General military discharge is a form of administrative discharge. If a service member’s performance is satisfactory but the individual failed to meet all expectations of conduct for military members, the discharge is considered a General Discharge, Under Honorable Conditions.

What does other than honorable discharge mean?

People call them bad paper. An other than honorable discharge is an administrative discharge where your command can essentially kick you out. You sign off on it and say in lieu of court martial, et cetera. It can be for something like failing a drug test, lapses in military good order and discipline.

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Does oth qualify for VA benefits?

Veterans with OTH discharges may be eligible for certain health care benefits without being required to enroll in VA health care, such as: Treatment for sexual assault or harassment experienced while in the military. Mental and behavioral health care. Counseling services at a VA Vet Center.

Are you considered a veteran with a OTH discharge?

The bill applies one definition across the various benefit programs. Under the bill, a “veteran” is anyone honorably discharged or released under honorable conditions from active duty in the armed forces or anyone with an OTH discharge based on the following qualifying conditions: 1.

Does an other than honorable discharge affect VA benefits?

Generally, in order to receive VA 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).

What happens if you get other than honorable discharge?

Other Than Honorable Discharge Having an OTH discharge on their DD-214 means the service member will not be entitled to veteran's benefits and will not be eligible to reenlist. Although an OTH is considered an administrative rather than a punitive discharge, it may have consequences in civilian life.

Is an OTH considered dishonorable?

An Other Than Honorable Discharge (OTH) falls into the category of an undesirable discharge. What is this? This sort of discharge is considered an administrative discharge initiated by your command. Often, an OTH is referred to as a 'bad paper', and this category of discharge has a lasting impact on a service member.

Can I buy a gun with a OTH discharge?

Dishonorable Discharge If someone is dishonorably discharged from the military, they are not allowed to own firearms, according to U.S. federal law. Military members who receive a dishonorable discharge forfeit all military and veterans benefits and may have a difficult time finding work in the civilian sector.

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.

Can a OTH discharge be upgraded?

Upgrading your OTH Discharge is possible if you can show the Discharge Review Board or Board for the Correction of Military Records that your OTH Discharge was either improper or unjust.

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.

Is other than honorable discharge same as dishonorable?

Veterans with Other Than Honorable discharges who are deemed "Dishonorable for VA Purposes" because of a regulatory bar may still qualify for health care for a service-connected condition or injury only. If the veteran is barred due to a statutory condition, this limited health care is not available.

What are the discharge requirements for VA compensation?

Discharge Requirements for Compensation Benefits#N#To receive VA compensation 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).

What is the Montgomery GI Bill?

To receive VA education benefits and services through the Montgomery GI Bill program or Post-9/11 GI Bill program, the Veteran’s character of discharge or service must be honorable. To receive VA education benefits and services through any other VA educational benefits program, including the Survivors’ and Dependents’ Educational Assistance (DEA) ...

Can you receive VA benefits if you are dishonorable?

However, individuals receiving undesirable, bad conduct, and other types of dishonorable discharges may qualify for VA benefits depending on a determination made by VA.#N#Read the factsheet on claims for benefits involving other-than-honorable discharges.

Can you get VA benefits for bad conduct?

However, individuals receiving undesirable, bad conduct, and other types of dishonorable discharges may qualify for VA benefits depending on a determination made by VA. Read the factsheet on claims for benefits involving other-than-honorable discharges.

Is there a character of discharge bar for veterans?

Generally, there is no character of discharge bar to benefits to Veterans’ Group Life Insurance. However, for Service Disabled Veterans Insurance and Veterans’ Mortgage Life Insurance benefits, the Veteran’s character of discharge must be other than dishonorable.

Can a veteran receive a VA home loan?

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). Discharge Requirements for Insurance Benefits.

What happens if you don't get an honorable discharge?

Generally speaking, if you did not receive an honorable discharge you will be ineligible for VA disability compensation benefits , but there are a few exceptions.

How to get a discharge upgrade?

To get a discharge upgrade you can apply through either the Discharge Review Board (DRB) or the Board of Correction for Military Records (BCMR). Regardless of your kind of discharge, you served your country.

What is character of service in VA?

Or being found guilty of adultery in a divorce hearing. When this happens it is commonly referred to as a “character of service” decision. The VA will look at the circumstances regarding your discharge before they make their decision. If the VA decides that your character of service does not qualify you for benefits, there’s still hope for you. ...

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

Regardless of the service of character decision, if you received a Bad Conduct Discharge from a Special Court Martial, an Other Than Honorable Discharge, or an Undesirable Discharge you are still eligible for limited VA healthcare benefits .

Can a veteran receive disability compensation?

Veterans who received a Dishonorable Discharge or Bad Conduct issued by a General Court Martial, are not eligible for disability compensation or health care benefits.

Other than Honorable (OTH) discharge? You may qualify for VA medical benefits

VA provides world-class health care to eligible Veterans, including those with Other Than Honorable discharge status. You may be eligible for care for certain health issues related to your military service. Medical and mental health services may include outpatient care, inpatient services, residential care, and telehealth services.

Discharge Upgrade

You can also request a discharge upgrade at the same time you apply for VA health care, as it could make you eligible for additional benefits. All branches of the military consider you to have a strong case for a discharge upgrade if you can show your discharge was connected to any of these categories:

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 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.

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

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.

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 benefits of a veteran with a dishonorable discharge?

The third largest benefit categories for veterans with an other than dishonorable discharge are recreational and state government services benefits , with 41 available across 27 states. Thirty-six of these benefits are state government services and deal almost entirely with veterans’ designations on license plates and driver’s licenses. Kansas, Maryland, South Carolina, and Texas offer to count time served in the military toward retirement benefits for state employees. Maine, Nebraska, New Hampshire, North Dakota, and Wisconsin offer free or discounted access to state parks as well as free or discounted hunting and fishing licenses for veterans with an other than dishonorable discharge.

What is the largest benefit category for veterans with other than dishonorable discharges?

Health & Housing. Health and housing are the largest benefit categories for veterans with other than dishonorable discharges, with 32 states and the U.S. Virgin Islands offering some form of health and housing benefit. In 20 of these states, veterans are eligible to live in state veterans’ homes or receive transitional housing assistance.

What is an administrative discharge?

Administrative discharges that are not honorable impact a veterans’ ability to successfully transition from a possibly challenging military service period to a civilian community. While general and OTH discharge statuses prohibit access to many benefits and programs, some states have options available for veterans who often slip through the cracks. Although most state-level benefits for veterans with other than dishonorable discharge statuses list their eligibility requirements, it is important to verify with the specific state agency or program as eligibility criteria or coverage may change. There is clearly room for growth in this category of state-level benefits, as evidenced by the dearth of options explored in this brief.

What is the Sea of Goodwill for veterans?

Benefits for Veterans with Other than Dishonorable Discharges. In the post-9/11 era, a “sea of goodwill” made up of organizations in the public, private, and nonprofit sectors has formed to support veterans, service members, their families, and survivors.

What states offer veterans legal benefits?

Six states— Arkansas, Colorado, Kansas, Missouri, North Dakota, and South Carolina —offer legal benefits that are available for veterans with an other than dishonorable discharge. These legal benefits center on assistance for veterans facing severe challenges, such as incarceration, substance abuse, mental health problems including PTSD and re-entry.

What are the different types of military discharges?

The three main types of administrative discharges from military service include honorable, general, and other than honorable (OTH), carrying varying degrees of conduct associations. Bad conduct discharges (BCD) and dishonorable discharges (DD) vary in degree of infraction and limitations on benefits eligibility.

How many states have death and memorial benefits?

Death and memorial state-level benefits are the second largest benefit categories available for veterans with an other than dishonorable discharge. A total of 59 death and memorial benefits are available to these veterans across 39 states. These benefits largely address the cost of burial services and range in coverage from Alaska’s $750 death gratuity for surviving spouses to cover funeral expenses to Louisiana’s 100 percent coverage of funeral and burial costs for service members in a Louisiana state veterans cemetery.

How long does an OTH discharge last?

Former service members with an OTH administrative discharge may receive care for their mental health emergency for an initial period of up to 90 days, which can include inpatient, residential or outpatient care.

What is VA mental health?

Department of Veterans Affairs (VA) has made mental health care treatment available to former service members with other-than-honorable (OTH) administrative discharges through two new programs.

What is VA medical center?

The department’s Veterans Health Administration (VHA) medical centers are prepared to offer emergency stabilization care for former service members who arrive at the facility with a mental health need. Former service members with an OTH administrative discharge may receive care for their mental health emergency for an initial period ...

Does the VA provide mental health care?

Congress recently passed legislation that allows VA to provide ongoing mental and behavioral health care to certain former service members with Other Than Honorable (OTH) discharges, including those who. Were on active duty for more than 100 days and served in a combat role, or. Experienced sexual harassment or sexual assault while serving.

Can the VA treat mental illness?

Additionally, VA may be able to treat a mental illness presumed to be related to military service. When VA is unable to provide care, VA will work with partner agencies and will assist in making referrals for additional care as needed.

What is an honorable discharge?

Honorable Discharge. If a military service member received a good or excellent rating for their service time, they will be discharged from the military honorably. An honorable military discharge is a form of administrative discharge.

What happens if you are dishonorably discharged from the military?

If someone is dishonorably discharged from the military, they are not allowed to own firearms, according to U.S. federal law. Military members who receive a dishonorable discharge forfeit all military and veterans benefits and may have a difficult time finding work in the civilian sector.

What is the most severe military discharge?

The most severe type of military administrative discharge is other-than-honorable conditions. Examples of actions that could lead to an other-than-honorable discharge include security violations, use of violence, conviction by a civilian court with a sentence including prison time, or being found guilty of adultery in a divorce hearing ...

Is bad conduct discharged?

The bad conduct discharge is only passed on to enlisted military members. It is given by a court-martial due to punishment for bad conduct. A bad conduct discharge is often preceded by a time in military prison. Virtually all veteran’s benefits are forfeited if discharged due to bad conduct.

Can a veteran reenlist in the military after a discharge?

In most cases, veterans who receive an other-than-honorable discharge cannot re-enlist in the Armed Forces or reserves, except under very rare circumstances. Veterans benefits are not usually available to those discharged through this type of discharge.

Can a commission officer receive a bad conduct discharge?

Officer Discharge. Commissioned officers cannot receive bad conduct discharges or a dishonorable discharge, nor can they be reduced in rank by a court-martial. If an officer is discharged by a general court-martial, they receive a dismissal notice. This is the same as a dishonorable discharge.

Can you own a firearm if you are dishonorably discharged?

If someone is dishonorably discharged from the military, they are not allowed to own firearms, according to U.S. federal law. Military members who receive a dishonorable discharge forfeit all military and veterans benefits and may have a difficult time finding work in the civilian sector.

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?

What VA Benefits Are Off-Limits With a Dishonorable Discharge? A dishonorable discharge can make you ineligible for many VA benefits and services, including: Education benefits and services under the GI Bill. Pension payments.

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

Can a vet's discharge be changed?

That board can change any vet’s discharge or dismissal record . The one exception is when a court-martial sentence results in your dishonorable discharge. If you think your discharge status is wrong, you or your lawyer must file a correction request within three years.

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.

Can you get VA benefits if you are dishonorable discharged?

Title 38 states you can’t get any VA benefits or services if a dishonorable discharge reason below applies to you: General court-martial that results in a sentence. Being a conscientious objector who refuses to perform your duty, wear the uniform, or otherwise comply with a competent military authority’s lawful orders. Desertion.

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