HONORABLE: This is a separation with honor. You could either be retired from the military with full benefits and pension, or you could lose any and all privilege’s. [After Section VIII of World War II US Army Regulation 615-360, which provided for the discharge of those deemed unfit for military service.] Slang A soldier given such a discharge or behaving as if deserving such a discharge. This is particularly true for federal employment, as potential employers will ask for their DD-214. A general discharge allows the service member to use many veteran’s programs. - Answered by a verified Military Lawyer. An Other Than Honorable discharge is administrative in nature but does come with some restrictions on veteran’s benefits. These codes are subject to change, and the Department of Defense will no longer allow the military services to release the … Section Eight 2 V. Characterization of Service: Soldiers separated under Chapter 5-8 and 5-17 may receive an honorable or general discharge; however, no Soldier discharged under Chapter 5-8 or 5-17 will be awarded a general discharge unless the Soldier is notified of the specific factors in his service record that warrant such a characterization. Any other failure to meet a military standard. Can a Section 8 discharge be overturned? A Chapter 13 discharge from the Army indicates that the soldier has been released from service due to unsatisfactory performance. Military members who receive a bad conduct discharge are ineligible for GI Bill benefits, VA housing programs, and are unable to join any branch of the military in the future. Service members often have to deal with a period of confinement following their Court-Martial and before their discharge. While it may not come with jail or prison time, it is considered bad within the military and may be viewed similarly by potential employers. A medical separation is a type of military discharge that stems from a soldier, sailor, or Marine having a physical or mental condition that affects their ability to serve. An Other Than Honorable, or OTH, discharge is administrative rather than punitive but are usually awarded when the service member has done something that merits punishment under the military’s UCMJ. The DD-214 is used to determine eligibility for other veteran’s benefits, such as the GI Bill education benefit, which requires a certain length of active duty service for full benefits on top of requiring an honorable discharge. It is also important that veterans understand the benefits that they are eligible to receive based on the characterization of their separation from military service. How To Choose The Right Military Branch For You, Separation for Convenience of the Government, https://www.benefits.va.gov/benefits/character_of_discharge.asp, https://www.dd214.us/reference/how_to_upgrade_your_discharge.pdf, https://home.army.mil/knox/application/files/3515/6624/4721/Chapter_5.pdf, https://arba.army.pentagon.mil/documents/DDForm293.pdf, https://en.wikipedia.org/wiki/Courts-martial_of_the_United_States, Attending the Naval Academy Preparatory School, general discharge under honorable conditions, Military Diet Review: My 7 Day Results On The 3 Day Diet, Failure to meet professional qualification requirements, and. A "Bad Conduct Discharge" constitutes a punitive discharge given to enlisted Marines by a general or special court-martial. The plaintiffs are represented by Yale Law School’s Veterans Legal Services Clinic. There are a wide variety of conditions that can cause a medical separation. Section 8 (military) The term Section 8 refers to a category of discharge from the United States military when judged mentally unfit for service. By continuing to use this site you consent to the use of cookies on your device as described … Related Article: Can You Join The Military With A Felony? This means that they will not receive any negative consequences from getting this type of discharge. Learn more about it here. Many potential employers, especially those in the federal government, will request a copy of the service member’s DD-214. Those receiving a bad conduct discharge are not able to use any veteran’s programs; this includes medical and dental benefits, VA housing programs, and the option to serve in the military in the future. On Monday, two Army veterans filed a federal class-action lawsuit against the Army that seeks relief for the thousands of veterans of Iraq and Afghanistan who developed post-traumatic stress disorder (PTSD) and other mental health conditions during service and received unfair less-than-honorable discharges. While there are many reasons why you could receive this type of discharge, the most common are the following: For ‘Involuntary separation due to parenthood’, it basically means that the serviceperson cannot complete their duties due to family responsibilities. The first 3 (Honorable, General, and Other Than Honorable) are administrative, even though they may be the result of some misstep on the part of the service member. A military discharge is the type of separation from the military that is awarded to the serviceman or servicewoman at the completion of their military service. [4], At age 17, actor Sidney Poitier, who had lied about his age to enlist in the U.S. Army the year before, obtained a discharge under Section 8 by faking mental illness during World War II. Most receive an honorable or general discharge, under honorable conditions. (f) An honorable or general discharge issued prior to October 8, 1977, under authority other than that listed in paragraphs (h) (1), (2) and (3) of this section by a discharge review board established under 10 U.S.C. Separation for Convenience of the Government: Is a very rare type of discharge, we’ll get into this in more detail below. AFI 36-3208, Section 5.11 includes a discharge category of Conditions that Interfere with Military Service. In the cases of punitive discharges, such as bad conduct or dishonorable discharges, the service member may be required by law to disclose the fact that they were convicted of a felony or served time in prison. This type of military discharge is suitable for those that believe joining the military as a mistake, and want out. J. G. 3 As provided by section VIII, AR 615-360, the company or unit commander was responsible for initiating such administrative discharges, including the gathering of necessary evidence to support the action for discharge. Have questions about the various types of military discharges? Section 8 is a category of discharge from the United States military, used for a service member judged mentally unfit for service. A bad conduct discharge is the result of a crime that is taken to military trial. It should be mentioned that the majority of appeals are not approved. Think of someone that get’s booted from boot camp before graduation. A dishonorable discharge is given in the most serious circumstances. Typically, a Soldier, Sailor, Marine, or Airmen will present themselves to the board seeking a medical separation. The last 3 (Entry-Level Separation, Medical Separation, and Separation for Convenience of the Govt.) Section 8 discharges were often given to gay men, lesbians, bisexuals, cross-dressers, and transgender people, as they were deemed mentally unfit to serve in the military. 02: Any soldier given such a discharge or behaving as if deserving such a discharge. OMK will be posting an article on medical separation in the military, and will post a link to that article here soon. RE-1A: Eligible for reenlistment. (2) Will be retained when they can fully participate unless they request separation per chapter 8. c. The next 2 (Bad Conduct and Dishonorable) are punitive, meaning that they are the result of misconduct, criminal behavior, or even felony behavior on the part of the service member. In addition to discharge classification, the DD-214 provides the following information: All of this information is included to make sure that the military member’s service is classified and quantified correctly. See our advertising policy here. There are a number of conditions under which a veteran can leave the military, whether it is at the end of a long career or just a few years of service. Working with an experienced attorney may help, but the circumstances of the discharge are often upheld. They never really stopped using them they simply have changed the terminology to more politically as well as medically correct terms. The following are a list of various types of military discharges: Honorable Discharge. These codes are entered on military discharge documents and characterize a Navy/Marine Corps member's future eligibility to enlist or reenlist after discharge or separation from the military service. Probably the biggest consequence of getting an entry-level separation is future employment. Punitive – This form of discharge is imposed by a court-martial. (b) Soldiers separated for pregnancy that occurred after entry on AD or IADT are entitled to maternity care in a military medical facility only per AR 40-3. Things such as medical and dental treatment, housing programs, and education benefits are all impacted by the type of discharge a veteran receives. Examples of crimes that warrant a dishonorable discharge include: A dishonorable discharge is given after a General Court-Martial. 1. Other veterans benefits are most often not available, although an other than honorable discharge is still considered administrative. It is not punitive but does mean that some particular condition or circumstance warranted the member’s separation from the military. This includes the ability for family members to change the classification posthumously. The type of military discharge that they receive may impact what paths are open to a new veteran after their military service is over. This includes: rape, murder, going 'AWOL', and much more. It means that the recipient is ineligible from future military service and may not be able to take advantage of all veteran’s benefits, such as the GI Bill education benefits, depending on the circumstances. are each unique: Entry-Level Separation: Is a type of discharge that occurs at the beginning of ones career before it even got started. Administrative – This form of discharge is given by the discharge authority, often a commanding officer of high rank. An example of this would be a serviceperson developing paranoia or schizophrenia sometime during their service. Click Here to learn more about our organization. With that said, we figured it would be prudent to at least mention the very basics of it. TYPE OF DISCHARGE: Soldiers separated under this program will generally be given either an honorable discharge or a general under honorable conditions discharge (Para. [After Section VIII of World War II US Army Regulation 615-360, which provided for the discharge of those deemed unfit for military service.] A Medical Review Board looks at each individual case to determine the most appropriate course of action, including which type of discharge is warranted, should the member need to be separated from the military. Your email address will not be published. through World War II, a psychiatric discharge; an other than honorable discharge for being mentally or emotionally unfit for military service. Enter your email address to subscribe to OMK and receive notifications of new posts by email. [9], "Office of Medical History - Neuropsychiatry in WWII, Chapter 16", "Active Duty Enlisted Administrative Separations", LGBT+ people and the United States military, Transgender American Veterans Association, Conduct Unbecoming: Gays and Lesbians in the U.S. Military, Unfriendly Fire: How the Gay Ban Undermines the Military and Weakens America, Sexual orientation and gender identity in military service, https://en.wikipedia.org/w/index.php?title=Section_8_(military)&oldid=989711137, Sexual orientation and gender identity in the United States military, Articles with unsourced statements from November 2018, Creative Commons Attribution-ShareAlike License, Section 8 became a household phrase when used in the 1970s TV series, This page was last edited on 20 November 2020, at 15:52. While there are various reasons, the most typical reason one would receive a dishonorable discharge is by committing a reprehensible act. The conditions under which the discharge was given is included on the service member’s DD-214, the document which outlines the specifics of their separation from military service. Other benefits include disability compensation (based on a medical evaluation at the time of separation), employment assistance, and federal hiring preferences. She served 5 years as a Surface Warfare Officer, including 2 deployments onboard a Guided-Missile Destroyer and Aircraft Carrier. A Section Eight is the worst kind of discharge--even worse than a dishonorable discharge--because this label stays with soldiers for the rest of their lives. It’s given to individuals who have not completed a minimum of 180-days of service, and technically isn’t considered good or bad. There are also numerous private organizations that offer assistance to veterans with an honorable discharge. A small-town Missouri native, Katie is a graduate of the United States Naval Academy with a degree in English. Copyright © 2020 www.OperationMilitaryKids.org. [1], The term comes from Section VIII of the World War II-era United States Army Regulation 615-360, concerning the separation of enlisted men from military service. She has a Master's Degree in Education from Johns Hopkins University. While it isn’t likely to have a negative impact on future employment opportunities, some potential employers may look at this type of discharge in a negative light. It must be done within 15 years of the discharge. Many of these veterans go on to apply for discharge upgrades, but are then denied. Section VIII provided for the discharge of men who were deemed mentally unfit for military service.[2]. We use cookies to give you the best possible experience on our website. A medical discharge is usually a type of general discharge, with the exact circumstances listed specifically on the service member’s DD-214. An honorable discharge will be given for proper military behavior and proficient performance of duty. [3], Discharge under Section 8 is no longer practiced, as medical discharges for psychological or psychiatric reasons are now covered by a number of regulations. 03: Any person that's considered: anti-social, mentally-ill, a wrong number, a lunatic, a madman, a unstabled personality, a unstabled creature or a deranged person. Medical-related discharges vary the most, as the severity and circumstances under which the condition began can impact the type of discharge a service member will receive. Is a Medical Discharge considered honorable? This means that if a service member does something that warrants punishment under the Uniform Code of Military Justice (UCMJ) but does not break a civilian law. The lawsuit contends that the Army r… Most of the time, those receiving an OTH discharge are not able to rejoin the military in the future. It’s nowhere near the severity of a bad conduct or dishonorable discharge, but it’s also not even close to an honorable or general discharge. Learn more about the 8 types of military discharge here. The review boards mentioned above determine all of this. We may earn a commission when you buy through links on our site. Following a career of faithful military service, the member is almost always given an honorable discharge. It is possible that a general discharge can be upgraded, provided that it goes through a formal appeal process and is approved for the upgrade. Should they face punitive action for misconduct at a Court-Martial, an experienced lawyer can help navigate the process. RE-2: Ineligible for reenlistment. The term Section 8 refers to a former category of discharge from the United States military, that of a member judged mentally unfit for service. That said, we figured it would also not be considered bad, but are then denied any all... 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