United States Military discharge

1 united states

1.1 types of discharge

1.1.1 administrative

1.1.1.1 entry level separation (els): uncharacterized
1.1.1.2 honorable
1.1.1.3 general
1.1.1.4 other honorable (oth)
1.1.1.5 clemency discharge


1.1.2 punitive

1.1.2.1 bad conduct discharge (bcd)
1.1.2.2 dishonorable


1.1.3 statistics


1.2 analogous proceedings commissioned officers
1.3 appeal procedures

1.3.1 appellate review of punitive discharges
1.3.2 upgrade of administrative discharges , special court-martial bcds


1.4 military discharge certificate

1.4.1 military discharge uniform insignia


1.5 reenlistment eligibility code

united states

in u.s., discharge or separation should not confused retirement.

enlisted personnel have 8-year service commitment. individuals separate voluntarily fewer 8 years have additional military service obligation (mso) fulfill in individual ready reserve (irr). personnel serve 20 years or longer not discharged. these members retire , transferred retired reserve. members disabled retired, rather discharged.

below of common reasons discharge:

expiration of term of service (ets)
failure meet physical fitness standards
reaching maximum age limit
high year tenure (reaching maximum allowable time-in-grade, , not selected promotion)
disability, dependency, or hardship
pregnancy/parenthood
personality disorder
condition not disability
physical or mental conditions interfere military service resulting in being placed on temporary or permanent disability retirement lists
convenience of government/secretarial authority (voluntary redundancy due funding cutbacks, example)
unsuitability
misconduct – minor disciplinary infractions
misconduct – drug abuse , without administrative review board
misconduct – commission of serious offense
entry-level performance , conduct
resignation (available officers only)
reduction in force (rif)
uncharacterized (i.e., judged neither nor bad conduct) if discharged within first 180 days of service , no misconduct found in service member s record
punitive discharges – bad conduct discharge issued either special court martial or general court martial only. dishonorable discharge issued general court martial only

if discharged administratively of above reasons, service member receives honorable or general (under honorable conditions) discharge. if misconduct involved service member may receive other honorable (oth) discharge service characterization.

to receive honorable discharge, service member must have received rating excellent or service. service members meet or exceed required standards of duty performance , personal conduct, , complete tours of duty, receive honorable discharges. dishonorable discharge (dd) handed down offense military considers reprehensible conduct. type of discharge may rendered conviction @ general court-martial serious offenses (e.g., desertion, sexual assault, murder, etc.) call dishonorable discharge part of sentence.

career u.s. military members retire not separated or discharged. upon retirement, officers , enlisted personnel transferred retired reserve. until reach age 60, subject recall active duty order of president. in addition, military member becomes disabled due injury or illness medically retired if: 1) member determined unfit ... perform duties of member s office, grade, rank or rating ... ; 2) disability determined permanent , stable; 3) either rated @ minimum of 30% disabled, or member has 20 years of military service. medical retirees transferred retired reserve same retired pay , benefits 20+ year retirees. medically retired personnel not subject recall active duty.

types of discharge
administrative
entry level separation (els): uncharacterized

entry level separations, or uncharacterized discharge, given individuals separate prior completing 180 days of military service, or when discharge action initiated prior 180 days of service. type of discharge not attempt characterize service or bad. however, type of discharge attaches reason such pregnancy, performance in training or medical issues.

world war poster depicting soldier holding honorable discharge.


honorable

to receive honorable discharge, service member must have received rating excellent or service. service members meet or exceed required standards of duty performance , personal conduct, , complete tours of duty, receive honorable discharges. however, 1 need not complete term of service receive honorable discharge, provided reason involuntary discharge not due misconduct. instance, service members rendered physically or psychologically incapable of performing assigned duties have service characterized honorable, regardless of whether incurred condition or disability in line of duty, provided otherwise met or exceeded standards. similarly, service members selected involuntary discharge due reduction in force (rif) typically receive honorable discharge, assuming conduct while on active duty met or exceeded standards.

united states marines must have proficiency , conduct rating of 3.0/4.0 or higher receive honorable discharge.

general

general discharges given service members performance satisfactory marked considerable departure in duty performance , conduct expected of military members. reasons such characterization of service vary, medical discharges misconduct, , utilized unit commander means correct unacceptable behavior prior initiating discharge action (unless reason drug abuse, in case discharge mandatory). commander must disclose reasons discharge action in writing service member, , must explain reasons recommending service characterized general (under honorable conditions). service member required sign statement acknowledging receipt , understanding of notification of pending discharge memorandum. person advised of right seek counsel , present supporting statements.

in addition, service members required sign documents acknowledging substantial prejudice in civilian life may encountered under general discharge. general discharge may or may not preclude veteran s participation in gi bill, service on veterans commissions, , other programs honorable discharge required, eligible va disability , other benefits. illinois prohibits discrimination against veteran housing or employment on basis of unfavorable discharge military service per human rights act of 1970; protection not apply dishonorably discharged veterans, shown below.

other honorable (oth)

an oth form of administrative discharge. type of discharge represents departure conduct , performance expected of military members.

recipients of oth discharges barred reenlisting component of armed forces including reserve , national guard components.

generally, in order receive va benefits , services, veteran’s character of discharge or service must under other dishonorable conditions (e.g., honorable, under honorable conditions, general) stated va policy. however, individuals receiving other-than-honorable or bad conduct discharge may qualify va benefits depending on character of service determination (csd) made va.

if veteran has either service-connected injury or illness, @ least 2 years of active-duty service, or has received @ least 1 honorable discharge able enroll in va health care system. va submit form 7131 (information exchange between va regional offices , medical facilities) , make character of service determination decide if service honorable (for va purposes) , honorable (for medical purposes) , or dishonorable .

veterans oth discharge qualify va healthcare eligible submit claims disability compensation pay, participation in educational, volunteer, , vocational rehabilitation programs. other honorable recipients eligible montgomery gi bill benefits if have completed @ least 1 honorable discharge , may eligible post 9/11 gi bill benefits if va determines service honorable (for va purposes) .

clemency discharge

clemency discharge established presidential proclamation 4313

by presidential proclamation 4313, president ford created procedure military personnel resisted against vietnam war receive presidential pardon , have punitive discharges changed clemency discharge. provided path left country return. if military personnel fulfilled requirements of alternative service, receive certificate of completion selective service system.

punitive

both of following types of discharges examples of conduct prejudicial order , discipline.

bad conduct discharge (bcd)

a bad conduct discharge (bcd), can given court-martial (either special or general) punishment enlisted service-member. bad conduct discharges preceded period of confinement in military prison. discharge not executed until completion of both confinement , appellate review process.

virtually veterans benefits forfeited bad conduct discharge; bcd recipients not eligible va disability compensation in accordance 38 cfr 3.12.

dishonorable

a dishonorable discharge (dd) can handed down enlisted member general court-martial. dishonorable discharges handed down military considers reprehensible conduct. type of discharge may rendered conviction @ general court-martial serious offenses (e.g., desertion, sexual assault, murder, etc.) call dishonorable discharge part of sentence.

with characterization of service, veterans benefits lost, regardless of past honorable service, , type of discharge regarded shameful in military. in many states dishonorable discharge deemed equivalent of felony conviction, attendant loss of civil rights. additionally, federal law prohibits possession of firearms have been dishonorably discharged per gun control act of 1968.

statistics

according department of defense, out of 207,000 service members discharged in 2014, more 18,000 (9%) issued less-than-honorable paperwork, including 4,143 other-than-honorable discharges, 637 bad conduct discharges, , 157 dishonorable discharges. after 2000, 352,000 people handed similar papers ranging general discharge bad conduct , dishonorable discharge.

analogous proceedings commissioned officers

commissioned officers cannot reduced in rank court-martial, nor can given bad conduct discharge or dishonorable discharge. if officer convicted general court-martial, officer s sentence can include dismissal, separation carrying same consequences dishonorable discharge. however, treasury decision states since officer dismissed, rather discharged armed forces under dishonorable conditions, dismissed officer not prohibited possessing firearms or ammunition dishonorably discharged enlisted person be.

if court-martial convicts officer imposes sentence not include dismissal, secretary of officer s service branch may drop officer roll (official list) of officers in branch. such separation characterized administrative rather punitive.

appeal procedures

after discharge, service member (or or next-of-kin, if service member deceased) can appeal type of discharge given. depending on how long ago discharge was, need file form dd-293 if less 15 years , form dd-149 if on 15 years. these different forms , go different places. 10 u.s.c. §§ 1552–1553 provide law action. service member (or or next of kin if service member deceased) must submit issues claim impropriety or inequity in discharge. of these requests rejected, , if service member can prove or unfairly denied honorable characterization.

appellate review of punitive discharges

any punitive discharge adjudged court-martial automatically reviewed military appellate court each respective branch. these army court of criminal appeals (acca), air force court of criminal appeals (afcca), navy-marine corps court of criminal appeals (nmccca), , coast guard court of criminal appeals (cgcca). these courts staffed appellate military judges , function intermediate appellate court , have power review de novo both questions of legal error , factual basis of conviction. if either government or accused dissatisfied results of appeal, conviction or sentence can appealed court of appeals armed forces (caaf). court has power of discretionary review, in can in cases deny petition grant review. court must hear death penalty cases or cases certified judge advocate general of each respective service appellate review. litigants before caaf can appeal united states supreme court. however, right applies case caaf has reviewed. therefore, in military justice cases, caaf court of last resort since denial of petition of review court prevents higher appeal.

service members given punitive discharge , have completed adjudged confinement placed on appellate leave pending final review of cases appellate courts. includes members plead guilty @ courts-martial since cases automatically reviewed. member considered on active duty , subject uniform code of military justice while on appellate leave. while member entitled full health care benefits , other privileges of being on active duty, member receives no pay or allowances , relieved of military duties.

a service member adjudged punitive discharge @ court martial , dies before appellate review process complete considered have died on active duty under honorable conditions. or next-of-kin entitled rights , benefits other service member s family entitled.

upgrade of administrative discharges , special court-martial bcds

once discharge finalized, general, entry-level/uncharacterized, , under other honorable conditions (uothc or oth) discharges may appealed upgrade through discharge review board of respective service; however, appeal must filed within 15 years of date of separation, , must shown characterization of service result of error or injustice. bad conduct discharges handed down special court-martial may upgraded act of clemency. discharge review boards may consider appeals change narrative reason discharge (contained in block 28 of dd 214). drb not consider request change of reenlistment eligibility (re) or separation designator (spd) code itself; however, in case discharge upgraded, re , spd codes changed correspond new characterization of service and/or narrative reason discharge.

if more 15 years have passed since discharge, appeals must directed board correction of military/naval records of respective service. bcm/nr hears wide array of appeals , correction requests, , can utilized active duty, reserve, national guard, retired , discharged veterans alike. normally, appeal must filed within 3 years of occurrence of error or injustice; however, exceptions made.

military discharge certificate

in united states of america, every service member discharged or released active duty issued dd form 214 , military discharge certificate (denoting discharge type, such honorable). reservist called active duty given dd 214 when or deactivated , returned reserves. discharged before completing 8 years of active duty or reserve duty in active drilling status transferred individual ready reserve (irr) remainder of military service obligations (mso). individual ready reserve not drill or receive pay; however, member in irr status can recalled active duty during time of war or national emergency until 8 years have expired. members separating honorable discharge after completing single term of service (typically 3–6 years) transferred irr remainder of 8-year mso. additionally, retirees furnished dd 214, though u.s. military retirement not characterized discharge retirees may recalled active duty, under circumstances, until have achieved total of 30 years of service.

the dd 214 complete documentation of military service. contains total time in service, dates of entry , discharge, dates of rank, documentation of foreign service, ribbons, medals , badges awarded, professional military education completed, characterization of service, , reason discharge (among other things). in responses job applications, many employers request copy of dd 214. there 2 dd 214 types: edited (or short ) version, , unedited (or long ) version. edited version omits information, including reason discharge.

employers request unedited version, legality of debatable in situations. can denied, if long version references facts violate right privacy or used in discriminatory fashion (such non-relevant psychological, medical, or disability issues) explicitly cited illegal federal or state hiring laws. (for example, illinois human rights act prohibits discrimination due unfavorable discharge) service member may request edited, unedited, or both versions on separation.

since 1970s, honorably discharged veteran receives frameable certificate (dd 256). similar 1 issued granted general discharge (dd 257). each certificate, 1 or more letters after number indicate branch of service issued it. example, 256a awarded army. other certificates long service, or eligible spouses of veterans, may presented.

the freedom of information act has made (limited) records of military service available public, on request. however, information protected privacy act of 1974 can released veteran s consent.

military discharge uniform insignia

during wartime american military have issued special insignia honorably discharged veterans wear on uniforms told apart local service personnel , deserters.

the army issued red discharge chevrons during , after world war 1 (1917-1919) worn point-up on lower right sleeve of tunic or overcoat. before , after world war 2 (september, 1939 - december, 1946) army issued honorable discharge insignia (or ruptured duck ). eagle in circle badge sewn in yellow thread on olive drab diamond worn on right breast pocket on class dress tunic.

the marine corps issued honorable discharge lapel button 1916 present meant worn civilian clothes. during world war 2 1941 1945 contrasting diamond worn on lower right sleeve dress blues or dress whites (a white diamond on dress blues , blue diamond on dress whites) retired marines. white diamond worn on upper right shoulder (like distinctive unit insignia) on service green or service khaki alphas , overcoat discharged marines.

in 1945 navy , marine corps adopted army s ruptured duck insignia handle large number of discharged service people @ end of war.

reenlistment eligibility code

another important aspect re (reenlistment eligibility) code. specifies under conditions member can reenlist in armed forces. definition of each re code may vary service service, responsibility of each branch of armed forces establish reenlistment eligibility criteria. general rule, however, re code in 1 series allows reenlistment component of armed forces, , re code in 3 series lets veteran reenlist waiver. re codes in 2 series place restrictions on reenlistment: true in air force, has policy permanently barring airmen separated air force re code 2 reenlisting in air force (though reenlistment other components of armed forces may possible waiver). re code in 4 series typically bars reenlistment component of armed forces. (it possible person re code of 4 enlist in navy or air force if spd code , narrative reasoning waivable.) veteran issued re code in 4 series requires exception policy waiver reenlist.

the department of veterans affairs uses different criteria departments of air force, army, , navy when establishing veteran status. va benefits can enjoyed if veteran s service under other dishonorable conditions. example of va s health care , home loan programs.