To enter and activate the submenu links, hit the down arrow. Get help from Veterans Crisis Line. Enter your search text Button to start search. Paul St. Correcting Military Records Each of the military services maintain a discharge review board with authority to change, correct or modify discharges or dismissals not issued by a sentence of a general court-martial. Email Address Button to subscribe to email.
Some examples of statutory bars are:. Some examples of regulatory bars are:. There are several more regulatory bars. The person can also apply for these health benefits online using the VA web site , print and fill out the forms manually and apply by mail, or apply over the telephone.
The person can also apply for these benefits if the applicant chooses to file a claim for compensation or pension at a VA regional office. We are not discussing this process in this article.
Sometimes the facts are not written in the record regarding a discharge characterization. However, the VA is not always bound to the service department records. The VA examines all of the circumstances surrounding the discharge and evidence presented to it, including the evidence provided by the person.
Usually, the VA will send a letter to the applicant requesting additional evidence. The person can also request a hearing to present additional evidence or to provide statements that have to do with the discharge. As long as there are no statutory or regulatory bars, health benefits may be granted.
The VA gives the veteran notice of its findings in writing. In fact, if the discharge upgrade is successful, the decision is binding on the Department of Veteran Affairs. In most cases, victims of Military Sexual Trauma, regardless of discharge characterization, are entitled to mental health and physical healthcare relating to the trauma.
Common Topics. Family, Divorce, and Children. All Topics. Court Basics. Veterans with a general discharge, or general discharge under honorable conditions, are also entitled to all the benefits under the VA. This character means that a service member may not have met all of the standards of honorable discharge, yet their military service met standards of adequacy. Individuals with general discharge may have some disciplinary marks, though these incidents are usually minor.
Other than honorable discharge, or OTH discharge, falls under the umbrella of undesirable discharge. Other than honorable discharge is a type of administrative discharge. It is not determined by a court-martial.
We will discuss the process of obtaining disability compensation and other veterans benefits with OTH discharge below. Bad conduct discharge is a punitive discharge, so these situations typically involve some type of discipline. Service members who receive this type of discharge may be barred from reenlistment. They may also serve time in a military prison.
A special court-martial determines this service character through a criminal trial. Service members who commit serious crimes while in the military may be discharged under dishonorable conditions.
A court-martial determines this type of discharge as well. Dishonorable discharge makes a veteran ineligible for all VA benefits. A character of service determination remains on your military record unless a discharge review board modifies the character. However, this board may only modify, correct, or change characters of service not imposed by a court-martial. When applying for VA disability benefits, VA health care, education benefits, and other types of VA benefits, former military members have several options for qualifying for other than honorable discharge benefits.
One option for a veteran with an other than honorable discharge is to apply for a discharge upgrade through a Discharge Review Board. This is a process outside the VA. If a discharge is upgraded through this process, the VA will consider the upgrade in determining eligibility for benefits, but the discharge upgrade does not automatically remove the bar to VA benefits.
Under the law, benefits are not payable to a conscientious objector who refused to perform military duty, wear the uniform, or comply with military authorities. Nor are benefits payable to a veteran who was discharged by general court-martial, who resigned as an officer for the good of the service, or who deserted. Benefits are not payable to a veteran who was absent without official leave AWOL for a period of at least days.
This bar for an extended period of AWOL may be removed if there is a finding of compelling circumstances which could excuse the absence.
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