Military Discharge Types: How Characterization Affects Your Benefits
Did you know that there are actually six potential characterizations of service you can get from the military, depending on how you are separated?
Welcome back to Military Justice Matters. I’m Justin Bennett, a partner with Paraltore Law Group. And today we’re going to talk about characterizations of service and how they can impact you and your family’s benefits.
Punitive Discharges
Now, three of the six types of discharges are punitive, and three are considered “administrative” in nature. We’ll start with the punitive discharges. They’re called that because they are only available as punishments at a court-martial. Meaning, you have to go to a court-martial and be found guilty there, either because you pled guilty or because you were found guilty at a contested trial.
The very worst discharge that an enlisted member can receive is a Dishonorable Discharge (or a DD). A DD is only available as a punishment at a General Court-Martial, which is the highest level of trial we have in the military.
The next punitive discharge is a Bad Conduct Discharge (a.k.a. the “Big Chicken Dinner”). A BCD is still a punitive discharge, but it is less severe than a Dishonorable. A BCD can be awarded either at a Special Court-Martial or at a General Court-Martial.
The last type of punitive discharge is only for officers. Instead of a Dishonorable or a BCD, officers who are convicted at a General Court-Martial can receive what’s called a Dismissal.
With any of these punitive discharges, you are effectively going to lose any and all benefits that you may have otherwise received from your service, including the G.I. bill and most, if not all, VA benefits. As you would expect, all three of these discharges will look terrible on future job applications.
Administrative Discharges
Now, there are also three types of Administrative discharges, and all three of these are available to both Enlisted and Officer members.
As you probably know already, the best characterization of service you can receive is an Honorable discharge. This is the gold standard. It is the default characterization everyone receives if you don’t get into any major trouble and you just complete your time of service and get out at the end of your term of enlistment. You will receive any and all benefits you are entitled to, including the G.I. Bill. And this obviously looks the best for future employment opportunities. Everyone wants an Honorable.
The next step down is a General (Under Honorable Conditions) discharge. This is typically given to people who are separated over relatively minor misconduct (such as popping positive on a urinalysis one time for drugs). If you have less than six years of service and the command wants to kick you out for that kind of minor misconduct, they can give you a General without having to first take you to an ADSEP board. The big benefit that gets lost with a General discharge is the G.I. Bill. But you will otherwise retain most other benefits, such as eligibility for VA services. And though not as good as an Honorable, a General isn’t a killer for future job prospects.
The last and worst administrative characterization you can receive is under Other Than Honorable conditions (or an “OTH”). An OTH can only be awarded through the administrative separation process—either at an ADSEP board, or if you waived your right to a board and agreed to be separated with an OTH. That kind of waiver frequently is included in plea agreements for members facing court-martial charges. The consequences of an OTH on your benefits and future job prospects are very similar to the consequences of a punitive discharge at a court-martial. Essentially, you’re going to be losing all benefits, and it’s going to look very bad on future job applications.
So those are the six possible characterizations of service. As always, if you found this content helpful, please remember to like and subscribe for more videos on the military justice process. And if you’re facing either court-martial charges or an administrative separation process and want to consult with an attorney about the best way forward to protect the benefits you have earned, my firm’s contact information is on the screen now. Thank you.
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Attorney Advertising Disclaimer: This information is provided for general educational purposes only, does not constitute legal advice, and does not create an attorney-client relationship.
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