Other Than Honorable Conditions Discharge
This characterization of service is an “Other Than Honorable” or “OTH” discharge. An OTH is the worst administrative discharge available. It results in a drastic loss of military service benefits and may cause hardships in post-service civilian life. First, the armed forces bar the enlistment of former service members with an OTH discharge. The barring due to an OTH is as much a characterization factor as it is the RE code. Secondly, VA medical benefits are not guaranteed to a service member who receives an OTH. Additionally, an OTH may impact a service member’s job opportunities, even among civilian employers. Generally, to receive VA benefits and services, the Veteran’s discharge characterization must not be under other than honorable conditions (e.g., honorable, under honorable conditions, general). Service members receiving Other Than Honorable, Bad Conduct, or Dishonorable discharges are disqualified for all benefits. While the rules for VA medical benefits have been eased in recent years to allow individuals with an OTH to receive medical treatment, the exception rate is low.
Can I change my discharge?
Yes. Each armed forces branch offers administrative remedies to correct a negative service characterization. The remedies include upgrades to administrative and punitive discharges due to a court-martial. There is also the possibility of applying for medical retirement. Correcting a service member’s discharge can be confusing. Various administrative boards have different authorities, time limits, and limitations to correct specific information. These boards also have differing legal standards and evidentiary restrictions that cause further confusion. Service members have limited opportunities to appeal to these boards, so speaking to a lawyer well-versed in military administrative law is crucial to increase the chance of successfully correcting a service member’s military records.
Is a discharge automatically upgraded?
Misinformation about discharge upgrades is common. Service members assume they can get upgrades easily or automatically after six months, neither of which is true. The military will not automatically upgrade your discharge after your separation. Service members who do not have an Honorable discharge – and fail to apply for one – are giving up the chance to access post-service benefits.
To change your Other Than Honorable Discharge.
If you believe you have been discharged from the military unfairly or incorrectly, complete the contact form on this page or call Crisp and Associates, LLC today for a free consultation to speak with one of our attorneys with expertise in military record corrections.
