What Veterans Benefits Do I Get With Other-Than-Honorable Discharge?
Honorable military service entitles Veterans to certain benefits—healthcare, educational benefits, and pension benefits just to name a few. Veterans who don’t receive an honorable discharge can be barred from receiving those benefits, even as they face the same challenges in life.
Unfortunately, many Veterans have been given the wrong discharge type despite having served honorably. Veterans returning from overseas combat who have experienced mental health trauma during their service should be sent to medical board examinations for a potential medical discharge. Instead, many Veterans are administratively discharged with an other-than-honorable discharge due to their mental health’s impact on their behavior. Similarly, as many as 100,000 Veterans were given other-than-honorable (OTH) discharge status due to their sexual orientation, and thousands victims of military sexual trauma (MST) have been improperly discharged after filing complaints.
Regardless of why a Veteran was given an other-than-honorable discharge, it can have consequences that last a lifetime. Beyond preventing them from receiving healthcare and educational benefits that help Veterans transition into the civilian workforce, an OTH carries a permanent stigma.
Fortunately, if you have an OTH discharge, you may be eligible for certain benefits. Plus, you might be able to receive an upgraded discharge status. Here, we’ll explain what benefits you can get with an other-than-honorable discharge, and how to apply for an upgraded discharge type.
What VA Benefits Can I Get With An Other-Than-Honorable Discharge?
With an other-than-honorable discharge, you may be eligible for VA benefits such as disability compensation, pension benefits, and home loan benefits. However, with an OTH discharge, your eligibility for these benefits depends on a character of discharge determination made at your regional VA office.
The character of discharge determination process can take as long as a year. During this time, the VA will seek to determine whether your service was ‘honorable for VA purposes.’ To reach their conclusion, they’ll assess evidence such as:
Whether you faced extenuating circumstances that help explain why you were given an OTH discharge
The character of your military service prior to any negative incidents
The length of your military service and your performance throughout it
The VA will also take evidence submitted by a third party into account while making their decision. Submitting a buddy letter could help explain anything that contributed to an OTH discharge, as well as provide context for the quality of your service.
If your character of discharge determination finds that your service was ‘other than dishonorable,’ you could be granted certain VA benefits assuming you meet the other eligibility requirements.
Consequences of OTH Discharge
While a character of discharge determination can find that your service makes you eligible for benefits, some acts will bar you from receiving VA benefits entirely. A character of discharge determination won’t help if you:
Were court-martialed
Accepted an undesirable discharge to avoid being court-martialed
Were a conscientious objector
Deserted
Were an officer and resigned for the good of the service
Were AWOL for 180 days or more
Requested release from services during wartime
Spied for the enemy
Were convicted of a felony
Benefits Always Available to Veterans With OTH Discharge
Many benefits are unavailable for Veterans with a bad paper. However, certain benefits are always available. If you’re awaiting the results of a character of discharge determination, you can still receive treatment for:
Conditions related to MST
Mental and behavioral health if you served at least 100 days and saw combat (or piloted a drone in a combat area)
Mental health crises
How to Improve Your Discharge Status
If you were given an OTH discharge, it can have a massive impact on your quality of life. It is possible to upgrade your discharge status through the Discharge Review Board (DRB), but getting a discharge upgrade is difficult. Discharge upgrade applications must meet a high burden of proof and clearly demonstrate how you were initially given an improper discharge type.
The process begins with DD Form 293, but successful applications tend to include significant amounts of evidence, including military service records, your employment history, medical nexus letters, character references or buddy letters, and much more.
If you’re applying for a discharge upgrade, consulting with an attorney who is experienced with Veterans’ benefits matters and the discharge review board is critical. They can consult you on what evidence to submit with your application to the DRB. Additionally, an attorney may also be able to help you file an appeal to the Boards for Correction of Military Records (BMCR) in the event your application for a discharge upgrade is denied.
With over 16 years of experience representing Veterans, Michael Eisenberg knows what it takes to craft a compelling application to the Discharge Review Board. If you believe your OTH discharge type was improper, schedule a consultation with Mr. Eisenberg today to discuss your options and create a strategy for success.
FAQs About Other-Than-Honorable Discharge
Every Veteran receives DD-214, a Certificate of Release or Discharge from Active Duty following their military service. The type of discharge you receive will play a big role in your life after service. It’s normal to have questions about your discharge type, and here, we’ll answer common questions about military discharge and VA benefits.
What is Other-Than-Honorable Discharge?
An other-than-honorable (OTH) discharge is an administrative separation from the military due to misconduct or disciplinary issues. It signifies that a service member's conduct or performance did not meet their service’s expected standards. OTH discharge can result from disciplinary actions, breaches of military order, drug offenses, or other serious misconduct. An OTH discharge can have significant implications when qualifying for benefits and finding civilian workforce opportunities.
While an OTH discharge gives you a “bad paper,” it significantly differs from other less-than-honorable discharge types in one key way: an other-than-honorable discharge is administrative. Comparatively, bad conduct discharge and dishonorable discharge are punitive discharges, meaning they are determined by a court-martial trial.
Can You Get VA Benefits With a Dishonorable Discharge?
No, Veterans who were dishonorably discharged from the military generally aren’t eligible for most VA benefits. A dishonorable discharge is the most severe type of discharge. It’s usually issued as a result of serious offenses such as major misconduct. However, exceptional cases where individuals can seek a discharge upgrade or pursue specific benefits through a legal process have occurred. If you think you were improperly given a bad paper, discuss your options with an attorney.
What If I Served More Than One Enlistment Period?
If you served two enlistment periods and one ended with honorable discharge, and the other ended with an OTH discharge, you would be eligible for benefits only during the period that ended with honorable discharge.
Contact Michael D.J. Eisenberg Today
If you have an OTH discharge, don’t assume that you can’t receive any Veterans’ benefits. With the help of an experienced attorney, you may be able to improve your discharge type. Mr. Eisenberg has been helping Veterans get the benefits they’re entitled to for 16 years. To start a conversation, get in touch today!
Note: Consultations for Military Records Issues and Medical/Physical Evaluation Boards are paid; however, Veterans’ Benefits Appeals Matters are free.