General Discharge
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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. Militaries are typically authorized and maintained by a sovereign state, with their members identifiable by a ...
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 are the unified military, military forces responsible for the defence of the United Kingdom, its British Overseas Territories, Overseas Territories and the Crown Dependencies. They also promote the UK's wider interests ...
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 a criminal
conviction In law, a conviction is the determination by a court of law that a defendant is Guilty (law), guilty of a crime. A conviction may follow a guilty plea that is accepted by the court, a jury trial in which a verdict of guilty is delivered, or a ...
. 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 (c. 9) or
Reserve Forces Act 1996 The Reserve Forces Act 1996 (c. 14) is an Act of the Parliament of the United Kingdom that provides for the maintenance and composition of the reserve forces of the Crown. Composition of the reserve The Reserve Forces comprise: * The Reserve ...
.


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 a warrant officer (WO) in the British Army, the Royal Marines, and the armies of many other Commonwealth and former Commonwealth nations. It is also an actual rank in the Iri ...
(RSM) *Regimental Administrative Officer *
Commanding Officer The commanding officer (CO) or commander, 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 give ...
(CO) *Unit Resettlement Information Staff


Naval Service

Individuals in the
Royal Navy The Royal Navy (RN) is the naval warfare force of the United Kingdom. It is a component of His Majesty's Naval Service, and its officers hold their commissions from the King of the United Kingdom, King. Although warships were used by Kingdom ...
and
Royal Marines The Royal Marines provide the United Kingdom's amphibious warfare, amphibious special operations capable commando force, one of the :Fighting Arms of the Royal Navy, five fighting arms of the Royal Navy, a Company (military unit), company str ...
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 Dartmouth, also 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 Dartmouth, also 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. Hi ...
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

Most often, when someone leaves the
US military The United States Armed Forces are the military forces of the United States. U.S. federal law names six armed forces: the Army, Marine Corps, Navy, Air Force, Space Force, and the Coast Guard. Since 1949, all of the armed forces, except th ...
, they are separated, not discharged. 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 sold ...
(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 (with or without an administrative board hearing): * Expiration of Term of Service (ETS) * Failure to meet physical fitness standards * 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 * Medical conditions not considered disabilities * Physical or mental conditions that interfere with military service, resulting in placement 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 ...
due to funding cutbacks, for example) * Unsuitability for military service * Misconduct – Minor disciplinary infractions * Misconduct – Drug use, possession, or distribution * 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 (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 members of the mili ...
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 Under Other Than Honorable Conditions (UOTHC) 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 a punitive discharge that can only be handed down at a general court-martial after conviction(s) of serious offenses (e.g., felony-like crimes such as desertion before an enemy, drug distribution, sexual assault, murder, etc.) by a military judge or panel (jury). Career U.S. military members who retire are not separated or discharged. Upon retirement, officers and
enlisted personnel An enlisted rank (also known as an enlisted grade or enlisted rate) is, in some armed services, any rank below that of a commissioned officer. The term can be inclusive of non-commissioned officers or warrant officers, except in United States ...
are transferred to the
Retired Reserve Retirement is the withdrawal from one's position or occupation or from one's active working life. A person may also semi-retire by reducing work hours or workload. Many people choose to retire when they are elderly or incapable of doing their j ...
. 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 Resocialization, resocializes its subjects for ...
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 United States Navy, US Navy veteran who served as the List of current members of the United States House of Representatives, U.S. representative from from 2019 to 2023 ...
's amendment to accompany H.R.6395 that required the
United States Armed Forces The United States Armed Forces are the Military, military forces of the United States. U.S. United States Code, federal law names six armed forces: the United States Army, Army, United States Marine Corps, Marine Corps, United States Navy, Na ...
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, it is not necessary to complete a full term of service to receive an honorable discharge, as long as the 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—more formally referred to as a "General (Under Honorable Conditions)"—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 used 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 jeopardize a number of VA benefits or entitlements such as eligibility to participate in the
GI Bill The G.I. Bill, formally the Servicemen's Readjustment Act of 1944, 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, but the te ...
, service on veterans' commissions, and other programs for which an honorable discharge is required. They 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. It borders on Lake Michigan to its northeast, the Mississippi River to its west, and the Wabash River, Wabash and Ohio River, Ohio rivers to its ...
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.


Under Other Than Honorable Conditions () Discharge

A UOTHC (often further abbreviated and referred to as a "UO") discharge represents a significant departure from the conduct and performance expected of all military members, and is issued for more serious or repeated misconduct, such as assaults, security violations, excessive trouble with authorities, and illegal possession, use, or sale of drugs. Generally, in order to receive VA benefits and services, the veteran's character of discharge or service must be characterized as better than a UOTHC or not be punitive (BCD or DD). However, individuals receiving an UO, BCD, or DD will have their service reviewed by the VA. In some cases, certain statutory and regulatory bars may not apply, and a servicemember may still 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 UOTHC 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 UOTHC 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 UOTHC 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 UOTHC 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 the 38th president of the United States, serving from 1974 to 1977. A member of the Republican Party (United States), Republican Party, Ford assumed the p ...
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 j ...
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 are imposed for
conduct prejudicial to good order and discipline Conduct prejudicial to good order and discipline is an offence against military law 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 criminalise offences ...
.


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 (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 members of the arme ...
(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 o ...
. 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 most serious type of discharge in the US military. It can only be handed down to a military member by a general court-martial: dishonorable discharges are rendered by conviction from a general court-martial for exceptionally serious offenses (e.g.,
treason Treason is the crime of attacking a state (polity), state authority to which one owes allegiance. This typically includes acts such as participating in a war against one's native country, attempting to Coup d'état, overthrow its government, spy ...
,
espionage Espionage, spying, or intelligence gathering, as a subfield of the intelligence field, is the act of obtaining secret or confidential information ( intelligence). A person who commits espionage on a mission-specific contract is called an ...
,
desertion Desertion is the abandonment of a military duty or post without permission (a pass, liberty or leave) and is done with the intention of not returning. This contrasts with unauthorized absence (UA) or absence without leave (AWOL ), which ...
,
sexual assault Sexual assault is an act of sexual abuse in which one intentionally Physical intimacy, sexually touches another person without that person's consent, or Coercion, coerces or physically forces a person to engage in a sexual act against their w ...
, or
murder Murder is the unlawful killing of another human without justification (jurisprudence), justification or valid excuse (legal), excuse committed with the necessary Intention (criminal law), intention as defined by the law in a specific jurisd ...
). With a dishonorable discharge, all or almost all benefits are forfeited, regardless of any past honorable service, and 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 event that a court-martial imposes a
death sentence Capital punishment, also known as the death penalty and formerly called judicial homicide, is the state-sanctioned killing of a person as punishment for actual or supposed misconduct. The sentence ordering that an offender be punished in s ...
, the dishonorable discharge will be given out on 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 the concomitant loss of many civil rights. Veterans who have been dishonorably discharged lose the ability to own firearms, work government jobs and receive government assistance and loans, and in some jurisdictions also to vote, hold public office, or serve in a jury. Additionally, since government aid is normally not available and bank loans are very difficult to obtain for those with dishonorable discharges, veterans who are dishonorably discharged often find attending post-secondary education difficult, and many have a difficult time finding work once they return to civilian life. US federal law also prohibits possession of ammunition,
firearm A firearm is any type of gun that uses an explosive charge and is designed to be readily carried and operated by an individual. The term is legally defined further in different countries (see legal definitions). The first firearms originate ...
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 general ...
, 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 will result in a denial by the Brady
background check A background check is a process used by an organisation or person to verify that an individual is who they claim to be, and check their past record to confirm education, employment history, and other activities, and for a criminal record. The fr ...
that must be performed and passed to allow a sale.


Statistics

According to the
Department of Defense The United States Department of Defense (DoD, USDOD, or DOD) is an executive department of the U.S. federal government charged with coordinating and supervising the six U.S. armed services: the Army, Navy, Marines, Air Force, Space Force, ...
, 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 (NCO), or a warrant officer. However, absent ...
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 ...
(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 ( Titl ...
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. Congress established the Court under Article 66, Uniform Code of Military ...
(CGCCA). These courts are staffed by appellate military judges and function as an intermediate appellate court and have the power to review
de novo De novo (Latin, , used in English to mean 'from the beginning', 'anew') may refer to: Science and computers * ''De novo'' mutation, a new germline mutation not inherited from either parent * ''De novo'' protein design, the creation of a protei ...
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 A court is an institution, often a government entity, with the authority to adjudicate legal disputes between parties and administer justice in civil, criminal, and administrative matters in accordance with the rule of law. Courts gene ...
(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 ...
, 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 and formerly called judicial homicide, is the state-sanctioned killing of a person as punishment for actual or supposed misconduct. The sentence ordering that an offender be punished in s ...
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 turn on question ...
. 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 In most legal jurisdictions, a supreme court, also known as a court of last resort, apex court, high (or final) court of appeal, and court of final appeal, is the highest court within the hierarchy of courts. 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) is the foundation of the system of military justice of the armed forces of the United States. The UCMJ was established by the United States Congress in accordance with their constitutional authority ...
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 used 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 The DD Form 214, Certificate of Release or Discharge from Active Duty, 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 ...
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 summary of military service. It contains 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. In responses to job applications, many employers request a copy of the DD 214. There are two DD 214 types: the deleted (or "short") version, and the undeleted (or "long") version. The deleted 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 185 national constitutions mention the right to privacy. Since the globa ...
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, in order 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. Since 1916 the Marine Corps has issued an Honorable Discharge Lapel Button that is meant to be worn with civilian clothes. During World War II, from 1941 to 1945, a contrasting diamond was 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.


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 lifelong 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 army aviati ...
,
Army An army, ground force or land force is an armed force that fights primarily on land. In the broadest sense, it is the land-based military branch, service branch or armed service of a nation or country. It may also include aviation assets by ...
, and
Navy A navy, naval force, military maritime fleet, war navy, or maritime force is the military branch, branch of a nation's armed forces principally designated for naval warfare, naval and amphibious warfare; namely, lake-borne, riverine, littoral z ...
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 called 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 comman ...
*
Discharge by purchase Discharge by purchase, also known as buying oneself out of service, refers to the process of obtaining a military discharge by making a payment. This payment effectively functions as a fine for leaving military service before the contractually agre ...
* GI Rights Network *
Section 8 (military) Section 8 was a category of military discharge employed by the United States Armed Forces which was used for servicemembers judged mentally unfit for service. The term "Section 8" eventually came to mean any service member given such a discharge ...


References


External links


Board for Correction of Naval Records
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Bureau of Naval Personnel The Bureau of Naval Personnel (BUPERS) in the United States Department of the Navy is similar to the human resources department of a corporation. The bureau provides administrative leadership and policy planning for the Office of the Chief of N ...
* 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