A
military discharge is given when a member of the armed forces is released from their obligation to serve.
United States
Discharge or separation should not be confused with
retirementRetirement is the point where a person stops employment completely. A person may also semi-retire by reducing work hours.Many people choose to retire when they are eligible for private or public pension benefits, although some are forced to retire when physical conditions don't allow the person to...
; career U.S. military members who retire are not separated or discharged; rather, they enter the retired reserve and may be subject to recall to active duty.
A discharge completely alleviates the
veteranA veteran is a person who has had long service or experience in a particular occupation or field; " A veteran of ..."...
of any unfulfilled military service obligation, whereas a separation (which may be voluntary or involuntary) may leave an additional unfulfilled military service obligation (MSO) to be carried out in the
Individual Ready ReserveThe Individual Ready Reserve is a category of the Ready Reserve of the Reserve Component of the Armed Forces of the United States composed of former active duty or reserve military personnel, and is authorized under...
(IRR).
Below are some of the most common reasons for discharge:
- Expiration of Term of Service (ETS)
- Reaching the maximum age limit
- High Year Tenure (reaching the maximum allowable time-in-grade, and not selected for promotion)
- Disability, Dependency, or Hardship
- Pregnancy/Parenthood
- Personality Disorder
- Condition not a disability
- Physical or Mental Conditions that interfere with military service resulting in being placed on the Temporary or Permanent Disability Retirement Lists
- Convenience of The Government/Secretarial Authority (voluntary redundancy
Voluntary redundancy is a financial incentive offered by an organisation to its employees with the purpose of attracting volunteers to leave the organisation, due to downsizing or restructuring situations. The purpose is to circumvent union employee regulation laws.-Reasons:A Voluntary Redundancy...
due to funding cutbacks, for example)
- Unsuitability
- Misconduct - Minor Disciplinary Infractions
- Misconduct - Drug Abuse with and without administrative review board
- Misconduct - Commission of a serious offense
- Entry-Level Performance and Conduct
- Resignation (available to officers only)
- Reduction in Force (RIF)
- UnCharacterized if discharged within the first 180 days of service and no misconduct found in service members record
- Punitive Discharges - Bad Conduct Discharge issued by either Special Court Martial or General Court Martial only. Dishonorable Discharge issued by a General Court Martial only
If discharged administratively for any of the above reasons, the service member will normally receive an honorable or a general (under honorable conditions) discharge. If misconduct is involved the service member may receive an (OTH) Other Than Honorable Discharge service characterization.
Honorable
To receive an honorable discharge, a service member must have received a rating from good to excellent for their service. Service members who meet or exceed the required standards of duty performance and personal conduct, and who complete their tours of duty, normally receive honorable discharges. However, one need not complete a term of service to receive an honorable discharge, provided the reason for involuntary discharge is not due to misconduct. For instance, a person rendered physically or psychologically incapable of performing assigned duties will normally have their service characterized as honorable, regardless of whether the condition or disability was incurred in the line of duty, provided they otherwise exceeded standards. Similarly, a servicemember selected for involuntary discharge due to a Reduction in Force (RIF) will typically receive an honorable discharge, assuming his or her conduct while on active duty met or exceeded standards.
An honorable discharge can, on rare occasions, be granted to a former service member (whose service was characterized as less than honorable) as an act of clemency, should that person display exemplary post-service conduct and show evidence of outstanding post-service achievement in areas such as education and employment.
United States Marines must have a proficiency and conduct rating of 3.0/4.0 or higher to receive an honorable discharge.
General
General discharges are given to service members whose performance is satisfactory but is marked by a considerable departure in duty performance and conduct expected of military members. Reasons for such a characterization of service vary, from medical discharges to misconduct, and are utilized by the unit commander as a means to correct unacceptable behavior prior to initiating discharge action (unless the reason is drug abuse, in which case discharge is mandatory). A commander must disclose the reasons for the discharge action in writing to the service member, and must explain reasons for recommending the service be characterized as General (Under Honorable Conditions). The service member is normally required to sign a statement acknowledging receipt and understanding of the notification of pending discharge memorandum. They are also advised of the right to seek counsel and present supporting statements.
In addition, service members are required to sign documents acknowledging that "substantial prejudice in civilian life" may be encountered under a general discharge.
Despite this, some personnel think because the discharge is described as general under honorable conditions, it is as good as or the same as an honorable discharge. Concerning VA disability and most other benefits that is true; however, a general discharge may preclude participation in the GI Bill, service on veteran's commissions, and other programs where a fully honorable discharge is required. However, one state,
IllinoisIllinois is the fifth-most populous state of the United States of America, and is often noted for being a microcosm of the entire country. With Chicago in the northeast, small industrial cities and great agricultural productivity in central and northern Illinois, and natural resources like coal,...
, prohibits discrimination against a veteran from housing or employment on the basis of unfavorable discharge from military service per the Human Rights Act of 1970. It does not apply to dishonorably discharged veterans, as shown below.
Other Than Honorable (OTH)
An OTH is the most severe form of administrative discharge. This type of discharge represents a serious departure from the conduct and performance expected of all military members. OTH discharges are typically given to service members convicted by a civilian court in which a sentence of confinement has been adjudged or in which the conduct leading to the conviction brings discredit upon the service. It can also be given as the result of certain civil hearings, like divorce for adultery. OTH discharges can be accepted in-lieu of court-martial proceedings at the service-member's request. Persons facing OTH are guaranteed, by the
Uniform Code of Military JusticeThe Uniform Code of Military Justice , is the foundation of military law in the United States. It is was established by the United States Congress in accordance with the authority given by the United States Constitution in Article I, Section 8, which provides that "The Congress shall have Power . ....
, the right to have their discharge heard by an administrative discharge board, which is similar to a court-martial but is not a public forum.
Recipients of OTH discharges are barred from reenlisting into any component of the Armed Forces (including the reserves), and are normally barred from joining the
Army National GuardEstablished under Title 10 and Title 32 of the U.S. Code, the Army National Guard is part of the National Guard and is divided up into subordinate units stationed in each of the 50 states, three territories and the District of Columbia operating under their respective governors...
or
Air National GuardThe Air National Guard , often referred to as the Air Guard, is the air force militia organized by each of the fifty U.S. states, the commonwealth of Puerto Rico, the territories of Guam and the U.S. Virgin Islands, and the District of Columbia of the United States. Established under Title 10 and...
, except under rare circumstances that require exception-to-policy waivers. As of September 2006, all
50 statesA U.S. state is any one of the 50 federated states of the United States of America that share sovereignty with the federal government. Because of this shared sovereignty, an American is a citizen both of the federal entity and of his or her state of domicile. Four states use the official title of...
had policies barring the reenlistment of OTH discharge recipients.
In addition, the majority of veterans' benefits are not available to individuals who receive an other than honorable conditions discharge, including the Montgomery GI Bill and (in most cases) VA healthcare benefits.
Bad Conduct (BCD)
Unlike an administrative discharge, a Bad Conduct Discharge (BCD) is a punitive discharge that can only be given by a
court-martialA court-martial is a military court. A court-martial is empowered to determine the guilt of members of the armed forces subject to military law, and, if the defendant is found guilty, to decide upon punishment.Most militaries maintain a court-martial system to try cases in which a breach of...
(either Special or General) as punishment to an enlisted service-member. Bad conduct discharges are often preceded by a period of confinement in a military prison. The discharge itself is not executed until completion of both confinement and the appellate review process.
Virtually all veterans' benefits are forfeited by a Bad Conduct Discharge; BCD recipients are eligible for VA disability compensation, as the only discharge that forfeits all VA benefits in full is the Dishonorable Discharge.
Dishonorable
A dishonorable discharge (DD), like a BCD, is a punitive discharge rather than an administrative discharge. It can only be handed down to an enlisted member by a general court-martial. Dishonorable discharges are handed down for what the military considers the most reprehensible conduct. This type of discharge may be rendered only by conviction at a general court-martial for serious offenses (e.g.,
desertionIn military terminology, desertion is the abandonment of a "duty" or post without permission and is done with the intention of not returning...
,
sexual assaultSexual assault is an assault of a sexual nature on another person, or any sexual act committed without consent. Although sexual assaults most frequently are by a man on a woman, it may involve any combination of two or more men, women and children....
,
murderMurder is the unlawful killing, with malice aforethought, of another human being, and generally this state of mind distinguishes murder from other forms of unlawful homicide...
, etc.) that call for dishonorable discharge as part of the sentence.
With this characterization of service, all veterans' benefits are lost, regardless of any past honorable service. This type of discharge is regarded as
shameShame is, variously, an affect, emotion, cognition, state, or condition. The roots of the word shame are thought to derive from an older word meaning to cover; as such, covering oneself, literally or figuratively, is a natural expression of shame....
ful in the military. In many states a dishonorable discharge is deemed the equivalent of a felony conviction, with attendant loss of civil rights. Additionally,
US federal lawThe Code of Laws of the United States of America is a compilation and codification of the general and permanent federal laws of the United States...
prohibits ownership of
firearmA firearm is a weapon that launches one, or many, projectile at high velocity through confined burning of a propellant. This subsonic burning process is technically known as deflagration, as opposed to supersonic combustion known as a detonation. In older firearms, the propellant was typically...
s by those who have been discharged under dishonorable conditions.
Entry level separation (ELS)
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.
Commissioned officers
Commissioned officers cannot be reduced in rank by a court-martial, nor can they be given a bad conduct discharge or a dishonorable discharge. If an officer is convicted by a General Court-Martial, then that officer's sentence can include a "dismissal". This is considered to be the same as a dishonorable discharge. An officer convicted at court-martial, but not sentenced to a dismissal, can be dropped from the rolls, by the service Secretary. That is an administrative separation, not punitive.
Appeal procedures
After a discharge, the service member (or his or her next-of-kin, if the service member is deceased) can
appealAn appeal is a petition for review of a case that has been decided by a court of law. The petition is made to a higher court for the purpose of overturning the lower court's decision....
the type of discharge that was given by filling out Form DD-293. The service member (or his or her next of kin if the service member is deceased) must submit issues that claim an impropriety or inequity in discharge. Most of these requests are not approved, and then only if the service member can prove he or she was unfairly denied an honorable characterization.
Appellate review of punitive discharges
Any punitive discharge adjudged by a Court-Martial is automatically reviewed by a military appellate court for each respective branch. These are the
Army Court of Criminal AppealsIn the United States military, the Army Court of Criminal Appeals is an appellate court that reviews certain court martial convictions of Army personnel.-Jurisdiction:...
(ACCA),
Air Force Court of Criminal AppealsThe Air Force Court of Criminal Appeals is an independent appellate judicial body authorized by Congress and established by the Judge Advocate General of the Air Force pursuant to the exclusive authority under . The Court hears and decides appeals of United States Air Force court-martial...
(AFCCA),
Navy-Marine Corps Court of Criminal AppealThe Navy-Marine Corps Court of Criminal Appeals is the intermediate appellate court for criminal convictions in the United States Navy and the Marine Corps....
s (NMCCCA), and the
Coast Guard Court of Criminal AppealsThe Coast Guard Court of Criminal Appeals is the intermediate appellate court for criminal convictions in the U.S. Coast Guard. It is located in Arlington, Virginia....
(CGCCA). These courts are staffed by appellate military judges and function as an intermediate appellate court and have the power to review
de novoIn law, the expression trial de novo means a "new trial" by a different tribunal...
both any questions of legal error and the factual basis of the conviction. If either the government or the accused is unsatisfied with the results of this appeal, the conviction or the sentence can be appealed to the Court of Appeals for the Armed Forces (CAAF). This court has the power of
discretionary reviewDiscretionary review is the authority of appellate courts to decide which appeals they will consider from among the cases submitted to them. This offers the judiciary a filter on what types of cases are appealed, because judges have to consider in advance which cases will be accepted...
, in that it can in some cases deny a petition to grant a review. This court however must hear any death penalty cases or cases certified by the
Judge Advocate GeneralJudge Advocate General's Corps, also known as JAG or JAG Corps, refers to the legal branch or specialty of the U.S. Air Force, Army, Coast Guard, and Navy. Officers serving in the JAG Corps are typically called Judge Advocates. The Marine Corps and Coast Guard do not maintain separate JAG Corps...
of each respective service for appellate review. Litigants before the CAAF can appeal to the United States Supreme Court. However, this right only applies to any case that the CAAF has reviewed. Therefore, in most military justices cases, the CAAF is the court of last resort since a denial of a petition of review by that court will prevent any higher appeal.
Service members who are given a punitive discharge and have completed any adjudged confinement are normally placed on appellate leave pending final review of their cases by the appellate courts. This includes members who plead guilty at their courts-martial since all cases are automatically reviewed. The member is considered to be on active duty and is subject to the
Uniform Code of Military JusticeThe Uniform Code of Military Justice , is the foundation of military law in the United States. It is was established by the United States Congress in accordance with the authority given by the United States Constitution in Article I, Section 8, which provides that "The Congress shall have Power . ....
while on appellate leave. While the member is entitled to full health care benefits and other privileges of being on active duty, the member receives no pay or allowances and is not required to perform any military duties.
A service member who was adjudged a punitive discharge at a court martial and then dies before the appellate review process is complete is considered to have died on active duty under honorable conditions. His or her next-of-kin is then entitled to any rights and benefits to which any other service member's family would be entitled.
Upgrade of administrative discharges and special court-martial BCDs
Once discharge is finalized, General, Entry-Level/Uncharacterized, and Under Other Than Honorable Conditions (UOTHC or OTH) discharges may be appealed for upgrade through the Discharge Review Board of the respective service, however, the appeal must be filed within 15 years of the date of separation, and it must be shown that the characterization of service was the result of an error or injustice. Bad Conduct Discharges handed down by a Special Court-Martial may be upgraded only as an act of clemency. Discharge Review Boards may also consider appeals for a change to the Narrative Reason for Discharge (contained in Block 28 of the DD 214). The DRB will not consider a request for the change of a Reenlistment Eligibility (RE) or Separation Designator (SPD) Code by itself, however, in the case that a discharge is upgraded, the RE and SPD codes are often changed to correspond with the new characterization of service and/or narrative reason for discharge.
If more than 15 years have passed since discharge, appeals must be directed to the Board For Correction of Military/Naval Records of the respective service. The BCM/NR hears a wide array of appeals and correction requests, and can be utilized by Active Duty, Reserve, National Guard, retired and discharged veterans alike. Normally, an appeal must be filed within 3 years of the occurrence of an error or injustice; however, exceptions are often made.
Military discharge certificate
In the United States of America every service member who is discharged, or released from active duty, is issued a
DD Form 214The DD Form 214, officially DD Form 214 "Certificate of Release or Discharge from Active Duty", but generally referred to as a "DD 214", is a document of the United States Department of Defense, issued upon a military service member's retirement, separation or discharge from active-duty...
, a military discharge certificate. A
reservistA reservist is a person who is a member of a military reserve force. They are otherwise civilians, and in peacetime have careers outside the military. Reservists usually go for training on an annual basis to refresh their skills. This person is usually a former active-duty member of the armed...
who is called up to active duty is given a DD 214 when he or she is deactivated and returned to the reserves. Those who are discharged before completing 8 years of active duty or reserve duty in an active drilling status are transferred to the Individual Ready Reserve (IRR) for the remainder of their military service obligations (MSO). The Individual Ready Reserve does not drill or receive pay, however, a member in IRR status can be recalled to active duty during time of war or national emergency until the 8 years have expired. Most members separating with an honorable discharge after completing a single term of service (typically 3–6 years) are transferred to the IRR for the remainder of the 8-year MSO. Additionally, retirees are furnished with the DD 214, though a U.S. military retirement is not characterized as a discharge as retirees may be recalled to active duty, under certain circumstances, until they have achieved a total of 30 years of service.
The DD 214 is a complete documentation of military service. It contains everything from total time in service, dates of entry and discharge, dates of rank, documentation of foreign service, ribbons, medals and badges awarded, professional military education completed, characterization of service, and reason for discharge (among other things). When applying for many jobs, employers will often request a copy of the DD 214. There are two types of the DD 214, known as the edited and unedited (or "short" and "long") versions. The edited version will omit certain information, including the characterization and reason for discharge. Many employers will often request the unedited version but the legality of this is debatable in certain situations and can be denied, especially if the "long" version references any facts that conflict with an employee's right to privacy or could be used in a discriminatory fashion (such as non-relevant psychological, medical, or disability issues) explicitly cited as illegal by federal or state hiring laws (for example, the Illinois' Human Rights Act prohibits discrimination due to unfavorable discharge.) A service member may request the edited, unedited or both versions upon separation.
Since the 1970s a veteran who receives an honorable discharge has also been given a frameable certificate (DD 256). A similar one is issued to a person who is granted a general discharge (DD 257). For each certificate one or more letters after the number indicate the branch of service that issued it; for example, a "256A" would be awarded by the Army. Other certificates for long service, or to eligible spouses of veterans, may also be presented.
The Freedom of Information Act has made (limited) records of military service available to the public, upon request. However, information protected by the Privacy Act of 1974 can be released only with the veteran's consent.
Re-enlistment Eligibility Code
Another important aspect is the RE (Re-enlistment Eligibility) Code. This specifies under what conditions the member can reenlist in the armed forces. The definition of each RE Code may vary from Service to Service, as currently it is the responsibility of each branch of the Armed Forces to establish reenlistment eligibility criteria. As a general rule, however, an RE Code in the "1" series will allow for reenlistment into any component of the Armed Forces, and an RE Code in the "3" series will usually allow the veteran to reenlist with a waiver. RE Codes in the "2" series often place restrictions on reenlistment: this is especially true in the Air Force, which has a policy permanently barring airmen separated from the Air Force with an RE Code 2 from reenlisting in the Air Force (though reenlistment into other components of the Armed Forces may be possible with a waiver). An RE Code in the "4" series typically bars reenlistment into any component of the Armed Forces. (It is possible for a person with an RE Code of 4 to enlist in the Navy or Air Force if the SPD Code and the Narrative Reasoning are waivable.) A veteran issued an RE Code in the "4" series will usually require an Exception to Policy waiver to reenlist.
The
Department of Veterans AffairsThe United States Department of Veterans Affairs is a government-run military veteran benefit system with Cabinet-level status. It is the United States government’s second largest department, after the United States Department of Defense...
uses different criteria than the Departments of the
Air ForceThe Department of the Air Force is one of the three Military Departments within the Department of Defense of the United States of America...
, Army, and Navy when establishing veteran status. VA benefits can sometimes be enjoyed if the veteran's service was under "other than dishonorable" conditions. An example of this would be the VA's home loan program.
See also
- AR 635-200
AR 635-200 is the U.S. Army regulation governing administrative separation from the U.S. Army. AR 635-200 was signed by General George W. Casey, Jr. and took effect on 6 June 2005. AR 635-200 lists separations under two categories: voluntary and involuntary. Involuntary chapters must be...
- Blue discharge
A blue discharge was a form of administrative military discharge formerly issued by the United States beginning in 1916. It was neither honorable nor dishonorable. The blue ticket became the discharge of choice for commanders seeking to remove homosexual service members from the ranks...
- GI Rights Network
The GI Rights Network is coalition of nonprofit, nongovernmental organizations that provide free and confidential information to United States military servicemembers, veterans, and their families. Most of the work of the Network is done through the GI Rights Hotline, but the Network also provides...
- Section 8 (military)
The term Section 8 refers to a category of discharge from the United States military for reason of being mentally unfit for service. It also came to mean any serviceperson given such a discharge or behaving as if deserving such a discharge...
External links