A military discharge is given when a member of the
armed forces
A military, also known collectively as armed forces, is a heavily armed, highly organized force primarily intended for warfare. It is typically authorized and maintained by a sovereign state, with its members identifiable by their distinct ...
is released from their obligation to serve. Each country's military has different types of discharge. They are generally based on whether the persons completed their training and then fully and satisfactorily completed their term of service. Other types of discharge are based on factors such as the quality of their service, whether their service had to be ended prematurely due to humanitarian or medical reasons, whether they had been found to have drug or alcohol dependency issues and whether they were complying with treatment and counseling, and whether they had demerits or punishments for infractions or were convicted of any crimes. These factors affect whether they will be asked or allowed to re-enlist and whether they qualify for benefits after their discharge.
United Kingdom
There are several reasons why someone may be discharged from the military, including expiration of enlistment, disability, dependency and hardship.
Members of the
British Armed Forces
The British Armed Forces, also known as His Majesty's Armed Forces, are the military forces responsible for the defence of the United Kingdom, its Overseas Territories and the Crown Dependencies. They also promote the UK's wider interests, s ...
are to complete their service obligations before they may be considered for discharge. Service personnel who attempt to leave before completing their length of service, without going through the appropriate channels, may be subject to criminal
conviction
In law, a conviction is the verdict reached by a court of law finding a defendant guilty of a crime. The opposite of a conviction is an acquittal (that is, "not guilty"). In Scotland, there can also be a verdict of " not proven", which is cons ...
.
At the end of service in the Regular Forces, personnel normally have a compulsory reserve liability. The length of this liability depends on the Service, rank and type of commission or engagement in which they entered and whether they are subject to the
Reserve Forces Act 1980 or
1996.
British Army
;Types of discharge
*Normal Service Leaver: personnel who A) are leaving on completion of engagement; B) have been given notice to leave, or C) been given notice of discharge under redundancy.
*Early Service Leaver: personnel who have been discharged either A) compulsorily from the trained or untrained strength, or B) at their own request from the trained strength or untrained strength having completed less than 4 years of service.
*Medical Discharge / Retirement: service is being terminated on medical grounds. Personnel would have attended a Medical Board that recommended the person's services be terminated on medical grounds.
Army officers and other ranks must be interviewed by at least one of the following:
*Unit Welfare Officer
*Regimental Career Management Officer
*
Regimental Sergeant Major
Regimental sergeant major (RSM) is an appointment that may be held by warrant officers class 1 (WO1) in the British Army, the British Royal Marines and in the armies of many other Commonwealth and former Commonwealth nations, including Australia ...
(RSM)
*Regimental Administrative Officer
*
Commanding Officer
The commanding officer (CO) or sometimes, if the incumbent is a general officer, commanding general (CG), is the officer in command of a military unit. The commanding officer has ultimate authority over the unit, and is usually given wide latitu ...
(CO)
*Unit Resettlement Information Staff
Naval Service
Individuals in the
Royal Navy
The Royal Navy (RN) is the United Kingdom's naval warfare force. Although warships were used by English and Scottish kings from the early medieval period, the first major maritime engagements were fought in the Hundred Years' War against F ...
and
Royal Marines
The Corps of Royal Marines (RM), also known as the Royal Marines Commandos, are the UK's special operations capable commando force, amphibious light infantry and also one of the five fighting arms of the Royal Navy. The Corps of Royal Marine ...
who are not due for compulsory retirement but who wish to leave the Service, for whatever reason, before reaching the end of their Commission/Career/Engagement may apply for Early Termination, provided the conditions outlined in Chapter 54 of ''BR 3 - Naval Personnel Management'' are met. Within the
Naval Service, the term "retirement" applies to officers who complete the period of service required by their respective commissions. For officers of the trained strength, recommendations for termination of a commission must generally be reviewed by the
Admiralty Board
The Admiralty Board is the body established under the Defence Council of the United Kingdom for the administration of the Naval Service of the United Kingdom. It meets formally only once a year, and the day-to-day running of the Royal Navy is ...
.
*Early Termination: Officers may apply to leave (voluntarily withdraw from training) up to their Premature Termination of Career Training (PTCT) point, which is generally before the day they pass out of
Britannia Royal Naval College
Britannia Royal Naval College (BRNC), commonly known as Dartmouth, is the naval academy of the United Kingdom and the initial officer training establishment of the Royal Navy. It is located on a hill overlooking the port of Dartmouth, Devon, En ...
, and also depends on their speciality. Ratings and Other Ranks have a "statutory right of discharge" after six months' service or after they turn 18.
*Invaliding: Personnel may be "invalided out" if they are found "permanently unfit for full naval service" by the Naval Service Medical Board of Survey (NSMBOS).
*Resignation: This is a common civilian term used to refer to the termination of one's commission but in the
Naval Service, the term "resignation" has a "special meaning". Despite common usage of the term, officers do not legally have the right to resign their commission. However, they may be permitted to do so under extenuating circumstances, at the discretion of their CO and with permission from the
Admiralty Board
The Admiralty Board is the body established under the Defence Council of the United Kingdom for the administration of the Naval Service of the United Kingdom. It meets formally only once a year, and the day-to-day running of the Royal Navy is ...
. Resignation is appropriate when an officer wishes to sever all connection with the Service. Circumstances that would warrant resignation rather than the other types of discharge are where an individual holds actions or beliefs/attitudes that fundamentally conflict with the concept of military service. The primary consideration of the Admiralty Board's acceptance of resignation is the best interests of the Service. Officers who resign their commissions are not liable to serve in the Reserves but certain benefits such as retired pay and resettlement grant may be affected.
Other types of discharges include:
*Compulsory Withdrawal from Training (CWFT): When an officer's performance – whether professional, character or leadership – falls below the standard required, even after all appropriate warnings have been applied, this type of discharge may be invoked. Young Officers (YO) (officers in training) at the
Britannia Royal Naval College
Britannia Royal Naval College (BRNC), commonly known as Dartmouth, is the naval academy of the United Kingdom and the initial officer training establishment of the Royal Navy. It is located on a hill overlooking the port of Dartmouth, Devon, En ...
or
Commando Training Centre Royal Marines
Commando Training Centre Royal Marines (CTCRM) is the principal military training centre for the Royal Marines. It is situated near the villages of Lympstone and Exton, between the city of Exeter, and the town of Exmouth in Devon, England.
Histo ...
and Officer Candidates promoted from the Lower Deck who fail to complete initial training can also be subjected to a CWFT. Pilots undergoing professional training would be suspended from flying duties.
*Administrative Discharge: Officers whose performance or conduct falls below the standard required may be discharged from the Active List.
**Incapacity Due to Causes beyond the Officer's Control
**Unsuitability Due to Causes within the Officer's Control: service personnel (both officers and ratings) may be discharged on grounds of "temperamental unsuitability" (TU). The RN BR3 handbook defines TU as "a persistent and obvious failure by the individual to adapt to the basic, but unique demands of Service life".
**Misconduct
*Dismissal: Officers charged with offences under the Military Discipline Legislation. In exceptional cases, officers may be "dismissed with disgrace".
*Compassionate discharge: There are several types of compassionate discharges. Such a discharge is granted for Ratings who seek a discharge due to extenuating personal circumstances.
United States
Enlisting in the US military generally entails an eight-year commitment, served with a combination of active and reserve service.
Individuals who voluntarily separate from active duty with fewer than eight years normally fulfill the balance of their term in the
Individual Ready Reserve
The Individual Ready Reserve (IRR) 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. Its governing statute is codified at . For so ...
(IRR). In the U.S., discharge or separation is not
military retirement; personnel who serve for 20 years or longer are retired, and are transferred to the Retired Reserve. Members who are seriously disabled are also retired (receiving what is referred to as a Medical Retirement) rather than discharged.
Typical reasons for discharge:
* Expiration of Term of Service (ETS)
* Failure to meet physical fitness standards
* Reaching the maximum age limit
*
High Year Tenure
High Year Tenure (HYT) is a term used by the United States Armed Forces to describe the maximum number of years enlisted members may serve at a given rank without achieving promotion, after which they must separate or retire. HYT is applicable to ...
(reaching the maximum allowable time in grade, and not selected for promotion)
* Disability, dependency, or hardship
* Pregnancy/parenthood
* Personality disorder
* Medical condition not considered 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 (VR) is a financial incentive offered by an organisation to encourage employees to voluntarily resign, typically in downsizing or restructuring situations. The purpose is to avoid compulsory redundancies or layoffs.
Reasons
A ...
due to funding cutbacks, for example)
* Unsuitability for military service
* Misconduct – Minor disciplinary infractions
* Misconduct – Drug abuse with or without an administrative review board
* Misconduct – Commission of a serious offense
* Entry-level performance and conduct
* Resignation (available to officers only)
* Reduction in Force (RIF)
* Entry Level Separation (ELS). Uncharacterized (neither Good nor Bad Conduct) if discharged within the first 180 days of service and no misconduct is found in the service member's record
* Punitive Discharges – Bad Conduct Discharge (BCD) issued by either Special
Court Martial
A court-martial or court martial (plural ''courts-martial'' or ''courts martial'', as "martial" is a postpositive adjective) is a military court or a trial conducted in such a court. A court-martial is empowered to determine the guilt of memb ...
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 normally receives an honorable discharge, a general (under honorable conditions) discharge, or an Other Than Honorable (OTH) Discharge service characterization.
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. A dishonorable discharge (DD) is handed down for an offense 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., desertion, sexual assault, murder, etc.) that call for dishonorable discharge as part of the sentence.
Career U.S. military members who retire are not separated or discharged. Upon retirement, officers and enlisted personnel are transferred to the Retired Reserve. For Active Duty personnel, until they reach a cumulative 30 years of service, active plus retired reserve combined, they are subject to recall to active duty by order of the president. In addition, a military member who becomes disabled due to an injury or illness is medically retired if: 1) The member is determined to be unfit "… to perform duties of the member's office, grade, rank or rating ..."; 2) Whose disability is determined to be permanent and stable; 3) Is either rated at a minimum of 30% disabled, or the member has 20 years of military service. Medical retirees are transferred to the Retired Reserve with the same retired pay and benefits as 20+ year retirees. Medically retired personnel are not subject to recall to active duty.
Administrative discharges
Entry level separation (ELS) or Uncharacterized discharge
Entry level separations, which are accompanied by an 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. The vast majority of these administrative separations occur during
recruit training
Military recruit training, commonly known as basic training or boot camp, refers to the initial instruction of new military personnel. It is a physically and psychologically intensive process, which resocializes its subjects for the unique deman ...
or "boot camp". This type of discharge (over 19,000 in 2019) does not attempt to characterize service as good or bad. Rather, an uncharacterized discharge is the absence of a characterization of service, as the individual being discharged does not have sufficient time in service in order to fairly characterize the individual's service. However, this type of discharge often attaches a reason such as pregnancy, performance in training, or medical issues. An individual with an ELS may, under certain conditions, be allowed to re-enlist in the military.
During the drafting of the 2021 National Defense Authorization Act, the House of Representatives passed Congresswoman
Elaine Luria
Elaine Goodman Luria (; ; born August 15, 1975) is an American politician and US Navy veteran serving as the U.S. representative from since 2019. Luria's congressional district includes most of Hampton Roads, including all of Virginia Beach, Wi ...
's amendment to accompany H.R.6395 that required the
United States Armed Forces
The United States Armed Forces are the military forces of the United States. The armed forces consists of six service branches: the Army, Marine Corps, Navy, Air Force, Space Force, and Coast Guard. The president of the United States is the ...
to report on the number of service members subject to the misuse of the uncharacterized discharge since 2001. However, the amendment was removed by the Senate.
Honorable discharge
To receive an honorable discharge, service members must have received a rating from good to excellent for their service. Service members who meet or exceed most of the required standards of duty performance, committed no or minimal misconduct, and who complete their tours of duty, normally receive honorable discharges. However, one does not need to complete a full term of service to receive an honorable discharge, as long as the reason for their discharge is not due to misconduct. For instance, service members rendered physically or psychologically incapable of performing assigned duties normally have their service characterized as honorable, regardless of whether they incurred the condition or disability in the line of duty, provided they otherwise met or exceeded standards. Similarly, service members selected for involuntary discharge due to a Reduction in Force (RIF) typically receive an honorable discharge, assuming their conduct while on active duty met or exceeded standards. Individuals with honorable discharges will also, under certain circumstances, be allowed to re-enlist in the US military.
According to AR 635-200, paragraph 9–4, "The service of Soldiers discharged under this section will be characterized as honorable or under honorable conditions unless the Soldier is in entry-level status and an uncharacterized description of service is required. An honorable discharge is mandated in any case in which the Government initially introduces into the final discharge process limited use evidence as defined by AR 600–85, paragraph 6–4. (See para 2–6h for procedures for reinitiation or rehearing, if appropriate.)"
General discharge
General discharges are given to service members who engaged in minor to moderate misconduct, or performed satisfactorily but failed to meet performance standards expected of military members. Reasons for such a characterization of service vary, 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 often 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. The service member is normally required to sign a statement acknowledging receipt and understanding of the notification of pending discharge memorandum. In the case of drug-related offenses, the person is 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. Members who receive a general discharge often lose eligibility to participate in the
GI Bill
The Servicemen's Readjustment Act of 1944, commonly known as the G.I. Bill, was a law that provided a range of benefits for some of the returning World War II veterans (commonly referred to as G.I.s). The original G.I. Bill expired in 1956, bu ...
, service on veterans' commissions, and other programs for which an honorable discharge is required, and may lose eligibility to re-enlist, but they will remain eligible for most or all of the "standard" VA benefits, such as disability and health care.
Federal and state laws, such as
Illinois
Illinois ( ) is a U.S. state, state in the Midwestern United States, Midwestern United States. Its largest metropolitan areas include the Chicago metropolitan area, and the Metro East section, of Greater St. Louis. Other smaller metropolita ...
through the Illinois Human Rights Act, prohibit discrimination against a veteran from housing or employment on the basis of unfavorable discharge from military service, as long as a veteran does not receive a dishonorable discharge.
Other Than Honorable (OTH) discharge
An Other Than Honorable discharge represents a significant departure from the conduct and performance expected of all military members, and is issued for more serious misconduct, such as assault, security violations, excessive trouble with authorities, and possession or use of prohibited drugs.
Generally, in order to receive
VA benefits and services, the veteran’s character of discharge or service must be under "other than dishonorable" conditions (i.e., honorable, under honorable conditions, or general) as stated by law (Title 38, United States Code). However, individuals receiving an other-than-honorable or bad conduct discharge will have their service reviewed, and (if certain statutory and regulatory bars do not apply) they will be allowed access to VA benefits and services. The VA adjudication of a person's service characterization, including examination of these bars, is called a "Character of Discharge" (COD) review (sometimes referred to as a "Character of Service Determination (CSD)"), as defined by 38 USC 5305B.
Veterans with an OTH discharge and considered "Honorable for VA purposes" may still apply for the full enrollment in the VA. Assuming most or all other eligibility criteria are met, they will receive medical benefits, disability benefits, vocational programs, and other wrap-around services. Once the VA has deemed an OTH discharge "Honorable for VA Purposes" it is similar to having a General discharge in terms of benefits and services.
"Honorable for VA Purposes" is not the same as an Honorable discharge or General discharge, and does not necessarily upgrade one's discharge to Honorable or General, and therefore does not necessarily qualify one for education benefits. However, even if someone has an OTH discharge, they may still qualify, such as through other periods of service that qualify them as "Honorable for VA Purposes", for education benefits.
Veterans with Other Than Honorable discharges who are deemed "Dishonorable for VA Purposes" because of a regulatory bar may still qualify for health care, but only for service-related condition or injuries. If the veteran is barred for statutory reasons, even this limited health care is not available.
Additionally, most veterans with an OTH discharge cannot re-enlist or use the GI Bill.
Clemency discharge
By Presidential Proclamation 4313, President
Gerald Ford
Gerald Rudolph Ford Jr. ( ; born Leslie Lynch King Jr.; July 14, 1913December 26, 2006) was an American politician who served as the 38th president of the United States from 1974 to 1977. He was the only president never to have been elected ...
created a procedure for those military personnel who resisted the Vietnam War to receive a
presidential pardon
A pardon is a government decision to allow a person to be relieved of some or all of the legal consequences resulting from a criminal conviction. A pardon may be granted before or after conviction for the crime, depending on the laws of the ju ...
and have their punitive discharges changed to a Clemency discharge. It also provided a path for those who left the country to return. If the military personnel fulfilled certain requirements of alternative service, they would also receive a Certificate of Completion from the Selective Service System.
Punitive discharges
Punitive discharges constitute
conduct prejudicial to good order and discipline
Conduct prejudicial to good order and discipline is an offence against military law and paramilitary in many countries. It has existed in military law since before the 17th century and is an important offence which functions as a catch-all to cri ...
.
Bad Conduct Discharge (BCD)
A Bad Conduct Discharge, colloquially referred to as a "big chicken dinner" or "big crazy duck", from the initialism,
can only be given by a
court-martial
A court-martial or court martial (plural ''courts-martial'' or ''courts martial'', as "martial" is a postpositive adjective) is a military court or a trial conducted in such a court. A court-martial is empowered to determine the guilt of memb ...
(either special or general) as a punishment for an enlisted service member. Bad conduct discharges may be preceded by a period of confinement in a
military prison
A military prison is a prison operated by a military. Military prisons are used variously to house prisoners of war, unlawful combatants, those whose freedom is deemed a national security risk by the military or national authorities, and members ...
. The discharge itself is not issued until completion of the appellate review process, or in the cases of discharges involving a prison sentence, completion of both the sentence and the appellate review process.
Many or all veterans' benefits are forfeited in the case of a Bad Conduct Discharge, and those discharged through a general court-martial will also not be eligible for disability compensation. Even then, although these veterans can still receive health care, they will not be able to do so through the VA.
Dishonorable discharge (DD)
A dishonorable discharge, colloquially referred to as a "Duck Dinner," is the worst type of discharge in the US military. It can only be handed down to a military member by a
general court-martial
A court-martial or court martial (plural ''courts-martial'' or ''courts martial'', as "martial" is a postpositive adjective) is a military court or a trial conducted in such a court. A court-martial is empowered to determine the guilt of memb ...
. Dishonorable discharges are rendered by conviction from a general court-martial for extreme offenses (e.g.,
treason
Treason is the crime of attacking a state authority to which one owes allegiance. This typically includes acts such as participating in a war against one's native country, attempting to overthrow its government, spying on its military, its diplo ...
,
espionage
Espionage, spying, or intelligence gathering is the act of obtaining secret or confidential information (intelligence) from non-disclosed sources or divulging of the same without the permission of the holder of the information for a tangibl ...
,
desertion,
sexual assault
Sexual assault is an act in which one intentionally sexually touches another person without that person's consent, or coerces or physically forces a person to engage in a sexual act against their will. It is a form of sexual violence, which ...
,
murder
Murder is the unlawful killing of another human without justification (jurisprudence), justification or valid excuse (legal), excuse, especially the unlawful killing of another human with malice aforethought. ("The killing of another person wit ...
, or conduct involving
racism
Racism is the belief that groups of humans possess different behavioral traits corresponding to inherited attributes and can be divided based on the superiority of one race over another. It may also mean prejudice, discrimination, or antagonism ...
).
With a dishonorable discharge, all or almost all benefits are forfeited, regardless of any past honorable service; this type of discharge is regarded as shameful in the military. As with many bad conduct discharges, dishonorable discharges are normally preceded by military prison sentences and are formally issued after completion of both confinement and the appellate review process. In the rare case that a court-martial decides on a
death sentence
Capital punishment, also known as the death penalty, is the state-sanctioned practice of deliberately killing a person as a punishment for an actual or supposed crime, usually following an authorized, rule-governed process to conclude that ...
, the dishonorable discharge is meted out the day prior to the condemned soldier being put to death.
In most states, a dishonorable discharge is deemed the equivalent of a felony conviction, with attendant loss of many civil rights. Veterans who have been dishonorably discharged lose the ability to vote, work government jobs, receive government assistance and loans, and hold public office or jury service. Additionally, since government aid is normally not available and bank loans very difficult to obtain for those with dishonorable discharges, veterans who are dishonorably discharged often find attending post-secondary education difficult.
Additionally,
US federal law
The law of the United States comprises many levels of codified and uncodified forms of law, of which the most important is the nation's Constitution, which prescribes the foundation of the federal government of the United States, as well as v ...
prohibits possession of ammunition,
firearm
A firearm is any type of gun designed to be readily carried and used by an individual. The term is legally defined further in different countries (see Legal definitions).
The first firearms originated in 10th-century China, when bamboo tubes ...
s, or explosives by those who have been dishonorably discharged. Per the
Gun Control Act of 1968
The Gun Control Act of 1968 (GCA or GCA68) is a U.S. federal law that regulates the firearms industry and firearms ownership. Due to constitutional limitations, the Act is primarily based on regulating interstate commerce in firearms by generally ...
, being dishonorably discharged is also a disqualifying question on ATF Form 4473, which must be completed and signed to purchase a firearm from a
Federal Firearms Licensee, and in most cases result in a denial by the
Brady
Brady may refer to:
People
* Brady (surname)
* Brady (given name)
* Brady (nickname)
* Brady Boone, a ring name of American professional wrestler Dean Peters (1958–1998)
Places in the United States
* Brady, Montana, a census-designated plac ...
background check
A background check is a process a person or company uses to verify that an individual is who they claim to be, and this provides an opportunity to check and confirm the validity of someone's criminal record, education, employment history, and oth ...
that must be performed and passed to allow a sale.
Finally, many veterans who are dishonorably discharged have a difficult time finding work once they return to civilian life.
Statistics
According to the
Department of Defense Department of Defence or Department of Defense may refer to:
Current departments of defence
* Department of Defence (Australia)
* Department of National Defence (Canada)
* Department of Defence (Ireland)
* Department of National Defense (Philipp ...
, of 207,000 service members that were discharged in 2014, more than 18,000 (9%) were issued less-than-honorable paperwork, with 4143 veterans (2.0%) receiving other-than-honorable discharges, 637 (0.31%) receiving bad conduct discharges, and 157 (0.08%) receiving dishonorable discharges. Between 2000 and 2014, 352,000 people in all were handed similar papers, ranging from general to dishonorable.
Analogous proceedings for commissioned officers
Commissioned officer
An officer is a person who holds a position of authority as a member of an armed force or uniformed service.
Broadly speaking, "officer" means a commissioned officer, a non-commissioned officer, or a warrant officer. However, absent context ...
s 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", a separation carrying the same consequences as a dishonorable discharge for an enlisted person and a reduction in rank to the last rank at which the officer served satisfactorily. A US Treasury decision states that even though an officer is dismissed rather than dishonorably discharged, the phrase "discharged from the Armed Forces under dishonorable conditions" is broad enough to include a dismissal rendered for an officer by a general court-martial, and thus an officer dismissed under dishonorable conditions is also prohibited from possessing firearms or ammunition under federal law, in the same manner as someone with a dishonorable discharge.
If a court-martial convicts an officer but imposes a sentence that does not include a dismissal, the secretary of the officer's service branch may drop that officer from the roll (official list) of officers in that branch. Such a separation is characterized as administrative rather than punitive.
Appeal procedures
After discharge, a service member (or their next-of-kin, if the service member is deceased) can appeal the type of discharge that was given.
The member must file form DD-293 if discharged within 15 years, or form DD-149 if over 15 years ago. The forms are significantly different and go to the Discharge Review Board (DRB) and the Board for correction of military records (BCMR) respectively. provide the law for this action.
The service member (or their next of kin if the service member is deceased) must submit evidence for error, impropriety or inequity in discharge. Most appeals are rejected, however, and changes are authorized only if it can be proven the service member 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 Appeals
In the United States military, the Army Court of Criminal Appeals (ACCA) is an appellate court that reviews certain court martial convictions of Army personnel.
Jurisdiction
In the United States, courts-martial are conducted under the Uniform C ...
(ACCA),
Air Force Court of Criminal Appeals
The Air Force Court of Criminal Appeals (AFCCA) 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 (a). The Court hears and ...
(AFCCA),
Navy-Marine Corps Court of Criminal Appeal
The Navy-Marine Corps Court of Criminal Appeals (NMCCA) is the intermediate appellate court for criminal convictions in the United States Navy and the Marine Corps.
Courts-martial are conducted under the Uniform Code of Military Justice (Title ...
s (NMCCCA), and the
Coast Guard Court of Criminal Appeals
The Coast Guard Court of Criminal Appeals (CGCCA) is the intermediate appellate court for criminal convictions in the U.S. Coast Guard. It is located in Washington, DC.
The Court was established under Article 66, Uniform Code of Military Justi ...
(CGCCA). These courts are staffed by appellate military judges and function as an intermediate appellate court and have the power to review
de novo both any questions of legal error and the factual basis of the conviction. If either the government or the accused is dissatisfied with the results of this appeal, the conviction or the sentence can be appealed to the
Court of Appeals for the Armed Forces
The United States Court of Appeals for the Armed Forces (in case citations, C.A.A.F. or USCAAF) is an Article I tribunals, Article I court that exercises worldwide appellate jurisdiction over members of the United States Armed Forces on active ...
(CAAF). This court has the power of
discretionary review Discretionary review is the authority appellate courts have 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 i ...
, in that it can in some cases deny a petition to grant a review. This court however must hear any
death penalty
Capital punishment, also known as the death penalty, is the state-sanctioned practice of deliberately killing a person as a punishment for an actual or supposed crime, usually following an authorized, rule-governed process to conclude that t ...
cases or cases certified by the
Judge Advocate General of each respective service for appellate review. Litigants before the CAAF can appeal to the
United States Supreme Court
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
. However, this right only applies to any case that the CAAF has reviewed. Therefore, in most military justice cases, the CAAF is the
court of last resort
A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...
since a denial of a petition of review by that court prevents higher appeal.
Servicemembers 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 on active duty and is subject to the
Uniform Code of Military Justice
The Uniform Code of Military Justice (UCMJ, 10 U.S.C. §§ 801–946 is the foundation of military law in the United States. It was established by the United States Congress in accordance with the authority given by the United States Constitution ...
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 relieved of 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. Their 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 (in Block 28 of DD 214). The DRB does not consider a request for the change of a Reenlistment Eligibility (RE) or Separation Designator (SPD) Code by itself, but they are often changed to correspond with the new characterization of service and/or narrative reason for discharge if a discharge is upgraded.
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 three years of the occurrence of an error or injustice; however, exceptions are often made.
In the United States, every service member who is discharged or released from active duty is issued a
DD Form 214
DD, dd, or other variants may refer to:
Arts and entertainment
*"D.D.", a track on mixtape ''Echoes of Silence'' by The Weeknd
*DD (character), a character in ''The Saga of Seven Suns'' novels by Kevin J. Anderson
*DD National or DD1, an India ...
and a military discharge certificate (denoting the discharge type). A reservist who is called 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. 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). In responses to job applications, many employers request a copy of the DD 214. There are two DD 214 types: the edited (or "short") version, and the unedited (or "long") version. The edited version omits certain information, including the reason for discharge.
Employers often request the unedited version, but the legality of this is debatable in certain situations. It can be denied, especially if the "long" version references facts that violate the
right to privacy
The right to privacy is an element of various legal traditions that intends to restrain governmental and private actions that threaten the privacy of individuals. Over 150 national constitutions mention the right to privacy. On 10 December 1948 ...
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 on separation.
Since the 1970s, an honorably discharged veteran receives a frameable certificate (DD 256). A similar one is issued to someone 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" is 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, on request. However, information protected by the Privacy Act of 1974 can be released only with the veteran's consent.
Military discharge uniform insignia
During wartime the American military have often issued special insignia to honorably discharged veterans to wear on their uniforms to distinguish them from local service personnel or deserters.
The Army issued red Discharge Chevrons during and after World War One (1917–1919) that were worn point-up on the lower right sleeve of the tunic or overcoat. Just before and just after World War Two (September 1939 – December 1946) the Army issued the
Honorable Discharge Insignia (or "Ruptured Duck"). It was an eagle in a circle badge sewn in yellow thread on an olive drab diamond that was worn over the right breast pocket on the "Class A" dress tunic.
The Marine Corps issued an Honorable Discharge Lapel Button from 1916 to the present that was meant to be worn with civilian clothes. During World War II from 1941 to 1945 a contrasting diamond worn on the lower right sleeve with the Dress Blues or Dress Whites (a white diamond on the Dress Blues and a blue diamond on the Dress Whites) by retired Marines. A white diamond was worn on the upper right shoulder (like a Distinctive Unit Insignia) on the Service Green or Service Khaki "Alphas" and the overcoat by discharged Marines.
In 1945 the Navy and Marine Corps adopted the Army's "Ruptured Duck" insignia to handle the large number of discharged service people at the end of the war.
Reenlistment Eligibility Code
Another important aspect is the RE (Reenlistment 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 allows reenlistment into any component of the Armed Forces, and an RE Code in the "3" series usually lets the veteran 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 is waivable.) A veteran issued an RE Code in the "4" series usually requires an Exception to Policy waiver to reenlist.
The
Department of Veterans Affairs
The United States Department of Veterans Affairs (VA) is a Cabinet-level executive branch department of the federal government charged with providing life-long healthcare services to eligible military veterans at the 170 VA medical centers an ...
uses different criteria from the Departments of the
Air Force
An air force – in the broadest sense – is the national military branch that primarily conducts aerial warfare. More specifically, it is the branch of a nation's armed services that is responsible for aerial warfare as distinct from an a ...
,
Army
An army (from Old French ''armee'', itself derived from the Latin verb ''armāre'', meaning "to arm", and related to the Latin noun ''arma'', meaning "arms" or "weapons"), ground force or land force is a fighting force that fights primarily on ...
, and
Navy
A navy, naval force, or maritime force is the branch of a nation's armed forces principally designated for naval warfare, naval and amphibious warfare; namely, lake-borne, riverine, littoral zone, littoral, or ocean-borne combat operations and ...
when establishing veteran status. VA benefits, such as the VA's health care and home loan programs,
[Dept of Veterans Affairs]
Military Service Requirements for VA Loan Eligibility
can sometimes be enjoyed if the veteran's conduct was not dishonorable.
See also
*
Blue discharge
A blue discharge (also known as a "blue ticket") 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 ...
*
Discharge by purchase
*
GI Rights Network
*
Section 8 (military) Section 8 was a category of discharge from the United States military, used for a service member judged mentally unfit for service. Section 8 was also often given to cross-dressers, gay, lesbian, bisexual and transgender people.
History
The ter ...
References
External links
Board for Correction of Naval Records Bureau of Naval Personnel
* U.S. Marines.
Frequently Asked Questions Manpower and Reserve Affairs Personnel Management Division. Retrieved January 8, 2004.
* About.com
' Retrieved February 27, 2006.
* About.com
' Retrieved February 27, 2006
* Snopes.com
'. Retrieved February 27, 2006
*
* Military-Transition.org
' Retrieved June 18, 2018.
{{DEFAULTSORT:Military Discharge
Military life
Termination of employment
Veterans' affairs