Military Counseling: Military Discharges

You're out of the military completely when you get a “discharge.” You may get a “separation” from active duty, but still remain in the reserves and subject to recall to active duty, anytime they want you, until you get the final discharge. The military won't recall veterans with discharges for misconduct, conscientious objection, homosexuality, poor performance or disability. The reason for separation is not the same as the “character” of the discharge and both appear on your DD214, separation papers.

You'll get an Honorable Discharge if you've met military standards during your enlistment and you'll get full veteran's benefits. A General Discharge under Honorable conditions costs you some benefits. You are entitled to an Administrative Discharge Board hearing before they can give you a General under Other Than Honorable conditions, OTH, which takes away all benefits. Only a Special or General Court Martial can give punitive discharges, such as a Bad Conduct Discharge, BCD, or a DD, Dishonorable Discharge or Dismissal (officers). If someone tells you that a general discharge will be “automatically upgraded” to honorable after six months, they're lying.

If you fail to report for active duty while still in the Delayed Entry Program, DEP, regulations require the military to separate you with no penalties. In the first six months of active duty an Entry Level Separation, ELS, for poor performance or conduct can be given. It is neither honorable nor dishonorable, because you haven't been in long enough. If you weren't really qualified for enlistment they can give you an erroneous enlistment discharge or a “waiver” and keep you in. A discharge for defective enlistment agreement is possible but hard to prove. If you enlisted before you turned 17, or your parents' consent was forged or withdrawn by them you can be discharged for being under-age.

A discharge for Conscientious Objection is Honorable but hard to get because you have to prove that you would not participate in any war because of moral, ethical or religious reasons. You can get an Honorable discharge for being a homosexual, if they don't catch you engaging in homosexual conduct and you don't admit to it. If you prove that your family is suffering from severe financial, physical or psychological problems that only your presence can solve, and a “compassionate reassignment” or TDY closer to home didn't work or wasn't tried you may get an Honorable for Hardship or Dependency.

You can get an Honorable discharge for a Disability that prevents you from doing military duties, and you may also be eligible for disability benefits. They may also give you an honorable for “Other Designated Physical or Mental Conditions” (ODPMC) even if the problem isn't really a disability, such as, seasickness or bedwetting. A discharge for pregnancy isn't mandatory, but it's possible, as is a transfer to the reserves and medical leave. Single parents can get an honorable discharge if the command is convinced that you will have trouble performing duties, will be absent frequently or be unavailable for “worldwide assignment,” but you haven't admitted that it has already affected your performance. An honorable discharge as “sole surviving son/daughter” can be yours if, after your enlistment, your sibling, father, mother, son or daughter was in the military and is POW/MIA or was killed or totally disabled as a result of military service.

Honorable discharges for Unsatisfactory Performance will be given if you try but simply can't perform up to military standards. If they think that you are intentionally failing to do the job, they can charge you under the UCMJ. Military regulations covering discharges for Misconduct allow the military commanders to decide if the character will be honorable, general or OTH, but they first have to try to “rehabilitate” you, and you are entitled to an Administrative Discharge Board hearing. If you're facing a court-martial in which you could get a BCD or DD, you can ask for an Other Than Honorable Discharge in Lieu of Court Martial, which they may grant “for the good of the service.”

There are a lot of military regulations covering separations and discharges, and mistakes can cost you an Honorable, so, until you've read the regs or have talked to a military lawyer or GI counselor, don't even think that you can imagine the pitfalls hiding in the regs, and don't sign anything.

For regulations go to http://www.objector.org/helpingout/military-regulations.html. For help call (773) 561-VVAW or, outside of the Chicago area, call the GI Rights Hotline at 1-800-FYI-95GI.