Most people – particularly those who aren’t in the military — only know about honorable and dishonorable discharges. Certainly, all service members strive for an honorable discharge.
However, there are other types of military discharges, and they can result in consequences that can follow someone for the rest of their lives. An “other than honorable” (OTH) discharge is a good example.
What kind of offenses can result in an OTH discharge?
This is an administrative discharge that’s most often used when a service member is found guilty of a serious (and sometimes criminal) offense. Many of those who receive an OTH discharge have been convicted of a civilian misdemeanor offense – for example, a drug-related or assault offense. Military misconduct, such as abuse of position or disobeying an order, can also result in an OTH discharge.
What are the potential consequences?
A service member who receives an OTH discharge can lose some Veterans Affairs (VA) benefits. If this happens, they can request a Character of Discharge review to try to obtain those benefits even with the OTH discharge by having their discharge declared “honorable for VA purposes.”
During a review, the VA looks at the “character” of the person’s service before whatever caused the OTH discharge. The reviewers also look at the length of service and things like mental health or addiction issues that may have contributed to the service member’s actions.
The VA will look at a person’s length of service and the “character” of that service prior to the action(s) that led to the discharge. They’ll also look at any extenuating circumstances such as addiction or mental health issues.
An OTH discharge can have a serious negative effect on service members who seek civilian employment. If a person hasn’t been honorably discharged from the military, many employers view that as a red flag and steer clear of anyone with an OTH discharge – even if they aren’t sure what it means.
Can an OTH discharge be upgraded?
It’s possible to seek an upgrade of an OTH discharge to honorable. Common extenuating circumstances that may result in an upgrade include extenuating circumstances like post-traumatic stress disorder (PTSD), military sexual trauma (MST) and traumatic brain injury (TBI).
Anyone who believes that they have wrongfully received an OTH discharge is wise to get experienced legal guidance to more thoroughly explore their rights and options.