Administrative Law

Consequences of an Other Than Honorable Discharge

Discover the consequences of an Other Than Honorable Discharge from the military and how it affects your future

Understanding the Types of Military Discharges

A military discharge can have significant consequences on a veteran's life, affecting their eligibility for benefits, employment opportunities, and even their ability to obtain certain loans. An Other Than Honorable (OTH) discharge is one of the several types of discharges that can be given to a service member.

An OTH discharge is typically given to service members who have committed a serious offense or have failed to meet the expected standards of performance and conduct. This type of discharge can have severe consequences, including the loss of veterans' benefits and the inability to re-enlist in the military.

Eligibility for Veterans Benefits

One of the most significant consequences of an OTH discharge is the loss of eligibility for certain veterans' benefits. Veterans with an OTH discharge may not be eligible for education benefits, such as the GI Bill, or for home loan guarantees through the Department of Veterans Affairs.

Additionally, an OTH discharge can also affect a veteran's eligibility for healthcare benefits, including medical and mental health services. However, some veterans may still be eligible for certain benefits, such as disability compensation, depending on the circumstances of their discharge.

Impact on Employment Opportunities

An OTH discharge can also have a significant impact on a veteran's employment opportunities. Many employers view an OTH discharge as a negative mark on a job applicant's record, and it may affect their ability to obtain certain jobs, particularly those that require security clearances.

However, some employers may be more understanding of the circumstances surrounding an OTH discharge, and veterans may still be able to find employment in certain fields. It is essential for veterans with an OTH discharge to be honest about their discharge status and to be prepared to explain the circumstances surrounding their discharge.

Education and Training Opportunities

An OTH discharge can also affect a veteran's eligibility for education and training benefits. Veterans with an OTH discharge may not be eligible for the GI Bill or other education benefits, which can limit their ability to pursue higher education or vocational training.

However, some veterans may still be eligible for certain education benefits, such as the Montgomery GI Bill, or for training programs through the Department of Veterans Affairs. It is essential for veterans to explore their options and to seek guidance from a veterans' service organization or a education counselor.

Seeking an Upgrade to a More Favorable Discharge

In some cases, veterans with an OTH discharge may be able to seek an upgrade to a more favorable discharge. This can be a complex and time-consuming process, but it may be worth pursuing for veterans who believe that their discharge was unjust or that they have been rehabilitated since their discharge.

Veterans who are seeking an upgrade to their discharge should seek guidance from a veterans' service organization or an attorney who specializes in military law. They will need to gather evidence and build a strong case to support their request for an upgrade, and they should be prepared to wait several months or even years for a decision.

Frequently Asked Questions

What is an Other Than Honorable discharge?

An Other Than Honorable discharge is a type of military discharge given to service members who have committed a serious offense or have failed to meet the expected standards of performance and conduct.

Can I still get veterans benefits with an OTH discharge?

It depends on the circumstances of your discharge and the type of benefits you are seeking. Some veterans with an OTH discharge may still be eligible for certain benefits, such as disability compensation.

Will an OTH discharge affect my ability to get a job?

Yes, an OTH discharge can affect your ability to get a job, particularly those that require security clearances. However, some employers may be more understanding of the circumstances surrounding your discharge.

Can I upgrade my OTH discharge to a more favorable discharge?

Yes, in some cases, veterans with an OTH discharge may be able to seek an upgrade to a more favorable discharge. This can be a complex and time-consuming process, but it may be worth pursuing for veterans who believe that their discharge was unjust.

How long does it take to upgrade an OTH discharge?

The time it takes to upgrade an OTH discharge can vary depending on the circumstances of your case and the evidence you provide. It can take several months or even years for a decision to be made.

Do I need a lawyer to upgrade my OTH discharge?

While it is not required to have a lawyer to upgrade an OTH discharge, it is highly recommended. A lawyer who specializes in military law can help you gather evidence and build a strong case to support your request for an upgrade.