Enlistment in the U.S. military typically requires a substantial commitment. When a member of the armed forces is released from their obligation to serve it’s considered a military discharge. There are several types of military discharges that can occur before that satisfying that commitment, in particular the “Other Than Honorable (OTH) Discharge” which can be devastating to the service member’s benefits and future civilian prospects.

At a Court Martial you can receive a Bad Conduct Discharge if you are an enlisted service member. It is a punitive discharge for serious offenses. The service member will forfeit all VA and post-military veterans benefits, and civilian employers may look unfavorably at a potential employee with this on their record. A BCD may prevent a service member from owning a firearm as a civilian. Also an option at a Court Martial is a General Under Honorable Conditions Discharge. If the service record is satisfactory but not “meritorious” this is a potential outcome. Even service members with a superior service record may be assigned this discharge because of non-judicial punishment. They will typically have access to VA medical care and VA home loans but may be denied certain government jobs and they do not have access to the Post 9/11 G.I. Bill benefits. The very worst outcome is a Dishonorable Discharge or DD. In many cases a DD is accompanied by a prison sentence. Generally, the service member receiving a DD is prohibited from receiving any type of governmental assistance, cannot own a firearm and may lose the right to vote. Even obtaining a bank loan may prove challenging. These are all considered legal convictions and punitive discharges.

These are very different than administrative discharges. There are different types of administrative discharges. The most favorable is an Honorable Discharge that maintains all the service member’s benefits including the full range of medical, educational, financial and housing benefits, including VA medical benefits for a lifetime. They also retain security clearance status, burial honors and other post-service benefits.

The worst outcome in an Administrative Discharge is an Other Than Honorable Discharge (OTH). It will result in extreme loss of military service benefits and can cause difficulties in civilian life. VA Benefits are not guaranteed, and civilian employment opportunities can be impacted.

We’re often asked at Shewmaker & Shewmaker, what’s worse on a service member’s record? A Punitive Discharge from a Court Martial or an Administrative Discharge you get at a Separation Board? Without question a Punitive Discharge is the worst because you lose everything. You lose all  benefits.  It will be stamped on your DD Form 214 “Bad Conduct Discharge” which will come up in any background check in your private life. However, all unfavorable discharges negatively impact your post service benefits.

If you are facing a military discharge and have any questions about what discharges are available in your case contact us at Shewmaker & Shewmaker.