Show pageOld revisionsBacklinksBack to top This page is read only. You can view the source, but not change it. Ask your administrator if you think this is wrong. ====== Character of Service: The Ultimate Guide to Your Military Discharge ====== **LEGAL DISCLAIMER:** This article provides general, informational content for educational purposes only. It is not a substitute for professional legal advice from a qualified attorney. Always consult with a lawyer for guidance on your specific legal situation. ===== What is Character of Service? A 30-Second Summary ===== Imagine your entire military career—every success, every stumble, every moment of duty—distilled into a single phrase on one piece of paper. That, in essence, is your **character of service**. It's not just a technical term; it's the military's final "report card" on you, a judgment that follows you for the rest of your life. For many veterans, this phrase is a badge of honor, opening doors to education, homeownership, and respect. For others, it can feel like a permanent stain, a barrier to the very benefits they earned through their sacrifice. Understanding this concept is not just about bureaucracy; it's about understanding your rights, your future, and the path forward after you take off the uniform. * **Key Takeaways At-a-Glance:** * Your **character of service** is the U.S. military's official, written evaluation of your conduct and performance during your term of enlistment, found on your [[dd_form_214]]. * This determination is the single most important factor controlling your eligibility for a vast range of veteran benefits, including the [[gi_bill]], [[va_home_loan]], and [[veterans_affairs]] healthcare. * If you believe your **character of service** was unjust or incorrect, you have the right to petition for an upgrade through a [[discharge_review_board]] or a [[board_for_correction_of_military_records]]. ===== Part 1: The Legal Foundations of Character of Service ===== ==== The Story of Character of Service: A Historical Journey ==== The concept of characterizing a soldier's service is as old as organized armies. In the Continental Army, General George Washington issued handwritten discharges, often with a note on the soldier's "bravery" or "merit." These were simple but powerful documents in an era with no formal veterans' benefits. A good discharge was a letter of recommendation for civilian life. The system became more formalized after the Civil War, as the nation grappled with providing pensions for millions of veterans. A soldier's discharge paper became the primary evidence for his claim, and the distinction between an "honorable" separation and one for "desertion" or "cowardice" carried immense financial and social weight. However, the modern system we know today was truly forged in the 20th century. The World War I era saw the creation of more distinct discharge categories. The real turning point was the passage of the **Servicemen's Readjustment Act of 1944**, universally known as the [[gi_bill]]. This landmark legislation tied unprecedented benefits—college tuition, low-interest home loans, unemployment insurance—directly to a veteran's discharge status. Suddenly, the **character of service** wasn't just about honor; it was about access to the American Dream. This linkage made the discharge process a high-stakes affair. Throughout the Vietnam War, hundreds of thousands of service members received "bad paper" discharges—Other Than Honorable, Bad Conduct, or Dishonorable—often for minor infractions or due to undiagnosed [[post-traumatic_stress_disorder]] (PTSD). These discharges locked them out of the very VA system designed to help them, creating a generation of veterans left behind. The ongoing fight to correct these historical injustices continues to shape the law and policy surrounding character of service today. ==== The Law on the Books: Statutes and Codes ==== The rules governing military separations and the characterization of service are not found in one single place. They are a complex web of federal statutes, regulations, and military-specific codes. * **Title 10, U.S. Code:** This is the legal foundation for the organization and operation of the United States Armed Forces. Subtitle A, Part II, Chapter 59 ("Separation") provides the statutory authority for the military to separate service members before their term of service is over and establishes the framework for different types of discharges. * **Title 38, U.S. Code:** This title governs all [[veterans_affairs]] benefits. Critically, **38 U.S.C. § 101(2)** defines a "veteran" for benefit purposes. It specifies that a person must have been discharged or released "under conditions other than dishonorable." This single phrase is the gatekeeper. The VA then uses its own regulations (found in Title 38 of the Code of Federal Regulations) to determine which specific discharge characterizations meet that standard. For instance, an **Honorable** or **General (Under Honorable Conditions)** discharge automatically qualifies, while an **Other Than Honorable** discharge requires a special "character of service determination" by the VA itself. * **[[uniform_code_of_military_justice]] (UCMJ):** The UCMJ is the military's criminal code. A conviction at a [[court-martial]] is the primary pathway to the most severe discharges: a **Bad Conduct Discharge** (from a special court-martial) or a **Dishonorable Discharge** (only from a general court-martial). The type of offense and the level of court-martial directly impact the potential characterization. ==== Branch by Branch: Subtle Differences in Discharge Policy ==== While the main categories of discharge are uniform across the Department of Defense, each military branch has its own specific regulations and culture that can influence separation policies. The "reason" for separation is often documented with a Separation Program Designator (SPD) code, which can vary by branch. ^ Branch ^ Key Policy Nuances and Common Separation Reasons ^ | **U.S. Army** | The Army often uses "Chapter" separations, referring to chapters in Army Regulation 635-200. For example, a "Chapter 14" separation refers to misconduct, while a "Chapter 5-13" refers to a personality disorder diagnosis. | | **U.S. Marine Corps** | The Marine Corps is known for its high standards and can be culturally less lenient regarding minor infractions, potentially leading to a higher rate of administrative separations for issues that might be handled differently in other branches. | | **U.S. Navy & Coast Guard** | These branches have unique regulations regarding misconduct at sea. They also handle separations for issues like fitness or weight standards with their own specific procedural guidelines under the Naval Military Personnel Manual (MILPERSMAN). | | **U.S. Air Force** | The Air Force often emphasizes rehabilitation and retention. An Airman might be placed in a "Control Roster" for observation due to misconduct before separation proceedings are initiated, reflecting a more structured, and sometimes slower, process toward administrative discharge. | **What this means for you:** The specific reason and regulation cited for your separation can be just as important as the final characterization, especially when applying for an upgrade. ===== Part 2: The 6 Types of Military Discharge Explained ===== Your **character of service** is a label that falls into one of six main categories. These range from the highest praise to the most severe condemnation, and each has drastically different consequences for your post-military life. ==== Type 1: Honorable Discharge ==== * **What It Means:** This is the gold standard. An **Honorable Discharge** signifies that you met or exceeded the standards of performance and personal conduct expected of a service member. You served with distinction, and the military is formally recognizing your faithful service. * **Common Reasons:** Typically granted upon completion of a full term of enlistment, medical retirement, or for other separations where the service member's record is meritorious. * **Impact on Benefits:** You are entitled to **all** VA benefits for which you are otherwise eligible, including the Post-9/11 [[gi_bill]], the [[va_home_loan]], VA healthcare, disability compensation, and burial benefits. You will also receive preference in federal hiring. * **Real-Life Example:** A soldier completes her four-year enlistment contract, has good performance reviews, and has no disciplinary actions. She is honorably discharged and immediately uses her GI Bill to attend college. ==== Type 2: General (Under Honorable Conditions) Discharge ==== * **What It Means:** This is a step down from Honorable but is still considered a positive characterization. It indicates that while your service was satisfactory, there were non-judicial punishments or minor disciplinary infractions that prevent your record from being considered fully "honorable." * **Common Reasons:** Minor misconduct (e.g., an [[article_15]] for being late), failure to meet physical fitness or weight standards, or a pattern of minor disciplinary problems. * **Impact on Benefits:** You are still eligible for **most** VA benefits, including VA healthcare and the home loan guarantee. However, some states and programs may restrict certain education benefits. For example, some states' versions of the GI Bill may only be available to honorably discharged veterans. The most significant potential loss is the Post-9/11 GI Bill; while most veterans with this discharge can still access it, the VA may deny it if the discharge was for "willful and persistent misconduct." * **Real-Life Example:** A sailor performs his duties well but gets into a minor, non-violent altercation off-base, resulting in a non-judicial punishment. He finishes his enlistment and receives a General Discharge. He can still buy a house using his VA loan but may face questions from civilian employers about the nature of his discharge. ==== Type 3: Other Than Honorable (OTH) Discharge ==== * **What It Means:** This is where the consequences become severe. An **Other Than Honorable (OTH)** discharge is an administrative discharge and the most severe one that can be given without a [[court-martial]]. It signifies a significant departure from the conduct and performance expected of a service member. * **Common Reasons:** Use of violence, security violations, drug abuse (e.g., failing a urinalysis), or a pattern of serious misconduct. * **Impact on Benefits:** An OTH discharge is a major red flag for the VA. You are **not automatically eligible** for benefits. To access any VA benefits, including healthcare for service-connected injuries, you must apply for a "Character of Service Determination" from the VA. The VA will review your entire service record to decide if your service was "under conditions other than dishonorable." This is a difficult and uncertain process. Most civilian employers view an OTH as a serious negative mark, and it can prevent you from owning firearms under federal law. * **Real-Life Example:** An Airman is caught using illegal drugs. Instead of a court-martial, his commander opts for administrative separation. He receives an OTH discharge. He later develops severe PTSD from his deployment but is initially denied access to VA healthcare until he goes through the lengthy process of a character of service determination. ==== Type 4: Bad Conduct Discharge (BCD) ==== * **What It Means:** A **Bad Conduct Discharge (BCD)** is a punitive discharge, meaning it is a form of punishment. It can only be handed down by a [[court-martial]] (either a Special or General Court-Martial). It represents a conviction for serious misconduct under the [[ucmj]]. * **Common Reasons:** Crimes such as assault, larceny, drunk driving, and other offenses that would be considered criminal in the civilian world. * **Impact on Benefits:** A BCD statutorily bars you from almost all VA benefits. You are barred from owning firearms, and it carries a significant social stigma, making employment extremely difficult. * **Is it a felony?** The BCD itself is not a felony, but the underlying conviction at a court-martial might be equivalent to a felony, which would carry additional consequences like the loss of voting rights. ==== Type 5: Dishonorable Discharge (DD) ==== * **What It Means:** This is the most severe and damaging form of discharge. A **Dishonorable Discharge (DD)** is reserved for the most serious offenses and can only be imposed by a General Court-Martial, the highest level of military trial court. It is viewed as the military's equivalent of a felony conviction. * **Common Reasons:** Grave offenses such as murder, sexual assault, treason, espionage, or desertion during wartime. * **Impact on Benefits:** You are permanently and completely barred from **all** VA and federal benefits. You lose your right to own a firearm, and in many states, you lose your right to vote. A DD is a lifelong mark of shame that makes employment in most fields virtually impossible. * **Real-Life Example:** A service member is convicted by a General Court-Martial for selling classified information. As part of the sentence, which includes a long prison term, the court imposes a Dishonorable Discharge. ==== Type 6: Entry-Level Separation (Uncharacterized) ==== * **What It Means:** This is a neutral, or "uncharacterized," separation. It applies when a service member is separated within their first 180 days of active duty. The military's reasoning is that the individual hasn't served long enough to have their service fairly characterized. * **Common Reasons:** Failure to adapt to military life, fraudulent enlistment (e.g., hiding a disqualifying medical condition), or a pre-existing condition discovered after enlistment. * **Impact on Benefits:** Because the service is uncharacterized, you are generally not eligible for any VA benefits, as you haven't met the minimum service requirements. However, it carries little to no negative stigma in the civilian world. ===== Part 3: Your Practical Playbook: How to Upgrade Your Character of Service ===== Receiving a less-than-honorable discharge is not necessarily the end of the story. The law provides avenues for veterans to argue that their discharge was unjust or incorrect and have it upgraded. This is a complex process, but it can be life-changing. === Step 1: Understand Your Discharge and Why You Received It === The first step is to become an expert on your own case. * **Obtain Your Records:** Request a complete copy of your Official Military Personnel File (OMPF) and your medical records from the National Archives. Your most important document is your **[[dd_form_214]]**, which lists your character of service and separation code. * **Analyze the Reason:** Research your separation code (also known as SPD or Spin code). This tells you the specific reason the military separated you. Understanding this is critical to building your case. === Step 2: Determine Your Eligibility for an Upgrade === The review boards will only upgrade a discharge if you can prove one of two things: * **Impropriety:** This means the military made a legal or factual error in your case. For example, they violated a regulation during your separation process, or the action you were discharged for did not legally warrant that level of discharge. * **Inequity:** This is a more common argument. It means that your discharge, while technically legal at the time, was unfair or unjust. This is often used in cases where post-service conduct has been exemplary or where modern science shows the misconduct was a symptom of an undiagnosed condition like PTSD or [[traumatic_brain_injury]] (TBI). === Step 3: Choose the Right Board: DRB vs. BCMR === There are two different boards that hear these cases, and you must apply to the correct one. * **[[discharge_review_board]] (DRB):** Each branch has its own DRB. You must apply to the DRB **within 15 years** of your discharge date. The DRB can change the characterization and reason for your discharge, but it cannot change a discharge that was the result of a General Court-Martial. * **[[board_for_correction_of_military_records]] (BCMR):** Each branch also has a BCMR. You typically must apply within **3 years** of discovering the error or injustice, but this deadline is often waived. The BCMR is more powerful; it can change any discharge (including from a court-martial) and correct any "error or injustice" in your military record, such as changing your reason for discharge or even reinstating you. If it's been more than 15 years since your discharge, the BCMR is your only option. === Step 4: Gather Compelling Evidence === You cannot win an upgrade simply by saying it was unfair. You need powerful evidence. * **Post-Service Accomplishments:** This is crucial for an "inequity" argument. Collect evidence of stable employment, education, community service, letters from respected community members, and proof of a clean criminal record. The goal is to show the board that your time in the service was an aberration, not a reflection of your true character. * **Medical Evidence:** If you believe your misconduct was related to mental health (PTSD, TBI, depression) or military sexual trauma (MST), get a diagnosis from a qualified medical professional. A letter from a doctor explaining the link between your condition and your in-service actions is incredibly persuasive. * **Statements and Affidavits:** Get sworn statements from friends, family, or fellow service members who can attest to your character or the events that led to your discharge. === Step 5: Draft a Powerful Personal Statement === Write a clear, concise, and honest statement explaining what happened. Take responsibility for your actions, but explain the context. If mental health was a factor, describe your symptoms and how they affected you. Explain what you have done with your life since your discharge and why an upgrade is important to you. === Step 6: File Your Application === * **For the DRB:** You will use **DD Form 293, "Application for the Review of Discharge from the Armed Forces of the United States."** * **For the BCMR:** You will use **DD Form 149, "Application for Correction of Military Record."** Fill out the form completely, attach all your evidence, and submit it to the appropriate board for your branch of service. This is a long process; expect to wait a year or more for a decision. ==== Essential Paperwork: Key Forms and Documents ==== * **[[dd_form_214]], Certificate of Release or Discharge from Active Duty:** This is your single most important military document. It's the proof of your service and contains your dates of service, awards, and, most critically, your character of service. You'll need it for everything from VA benefits to job applications. * **DD Form 293, Application for Review of Discharge:** This is the form you submit to the DRB to request an upgrade. You use it to lay out your argument for why your discharge was improper or inequitable. * **DD Form 149, Application for Correction of Military Record:** This is the form you submit to the BCMR. It is used for a wider range of issues than the DD 293, including discharge upgrades after the 15-year DRB deadline has passed. ===== Part 4: Policy Shifts That Shaped Today's Law ===== The standards for upgrading discharges are not static. They evolve with our understanding of science, society, and justice. Several key policy shifts have opened the doors for thousands of veterans to correct their records. ==== The Repeal of "Don't Ask, Don't Tell" (2011) ==== For decades, service members could be discharged simply for being gay. After the repeal of this discriminatory policy, the Department of Defense issued guidance creating a simplified path for veterans who were discharged under "Don't Ask, Don't Tell" or earlier anti-LGBTQ+ policies to have their records corrected and their discharges upgraded to Honorable. This was a monumental step in correcting historical injustice. ==== The Hagel and Kurta Memos (2014 & 2017) ==== These two internal DoD memoranda revolutionized how review boards treat cases involving mental health. * **The Hagel Memo (2014):** Secretary of Defense Chuck Hagel directed the review boards to give **"liberal consideration"** to applications from veterans diagnosed with PTSD. It acknowledged that many veterans' misconduct was a direct symptom of undiagnosed trauma and that they should not be penalized for the military's past failure to recognize it. * **The Kurta Memo (2017):** This follow-up memo expanded the "liberal consideration" guidance to include other mental health conditions, TBI, and military sexual trauma (MST). It also clarified that a veteran did not need to have a formal diagnosis while in the service; a later diagnosis could be used to explain in-service behavior. * **Impact Today:** These memos are not law, but they are powerful guidance. For any veteran whose discharge was related to mental health, citing these memos and providing medical evidence is the strongest path to an upgrade. ==== Struck v. Secretary of Defense (1971) ==== This case involved an Air Force Captain, Susan Struck, who was threatened with discharge because she became pregnant, which was against regulations at the time. The case was argued before the Supreme Court by a young ACLU lawyer named Ruth Bader Ginsburg. While the Air Force waived her discharge before the Court could rule, the case highlighted how discriminatory policies, which would be considered illegal today, were once grounds for separation. It serves as a powerful precedent for inequity arguments, showing that what was considered "policy" in the past can be viewed as an injustice today. ===== Part 5: The Future of Character of Service ===== ==== Today's Battlegrounds: Current Controversies and Debates ==== The fight for discharge equity is far from over. Today, legal aid organizations and veterans' advocates are focused on several key areas: * **"Bad Paper" Vietnam Veterans:** A large number of Vietnam veterans are still living with less-than-honorable discharges related to undiagnosed PTSD. Many are aging and in poor health, making the fight for an upgrade a race against time. * **Personality Disorder Discharges:** For years, the military used a "personality disorder" diagnosis to separate service members administratively, often without providing VA benefits. Advocates argue that many of these were misdiagnoses of PTSD or TBI, and there is a major push to review these cases. * **Systemic Bias:** Studies continue to show that service members of color are disproportionately subject to disciplinary action and receive less-than-honorable discharges at higher rates than their white counterparts. Addressing this systemic issue is a major focus of reform efforts. ==== On the Horizon: How Technology and Society are Changing the Law ==== The future of character of service will likely be shaped by science and legislation. * **Neuroscience and Culpability:** As our understanding of how trauma physically changes the brain grows, legal arguments will become more sophisticated. It will become easier to draw a direct scientific line from a combat event or an assault to the "misconduct" that led to a discharge, strengthening inequity claims. * **Legislative Reform:** There are ongoing proposals in Congress to reform the discharge review process. These include making the "liberal consideration" standard from the Kurta memo a matter of law, establishing automatic review processes for veterans with certain mental health diagnoses, and removing the [[statute_of_limitations]] for applying to the DRBs. * **Data-Driven Justice:** By analyzing large-scale data on discharges, the DoD and advocates can identify specific commands, locations, or time periods where unusually high rates of "bad paper" were issued. This data can be used to target outreach and support systemic claims that discharges from that unit were unjust. ===== Glossary of Related Terms ===== * **[[article_15]]:** A form of non-judicial punishment (NJP) used to discipline service members for minor offenses without a formal court-martial. * **[[board_for_correction_of_military_records]] (BCMR):** A civilian board within each military branch that can correct errors or injustices in a service member's records. * **[[court-martial]]:** A military court that tries service members for offenses under the UCMJ. * **[[dd_form_214]]:** The Certificate of Release or Discharge from Active Duty, the primary document verifying a veteran's service. * **[[discharge_review_board]] (DRB):** A board that reviews and can upgrade a veteran's discharge characterization, with certain limitations. * **[[gi_bill]]:** A law that provides a range of benefits for returning veterans, most famously educational assistance. * **[[post-traumatic_stress_disorder]] (PTSD):** A mental health condition that can develop after experiencing or witnessing a traumatic event. * **[[reentry_code]]:** A code on the DD-214 that indicates whether a service member is eligible to reenlist in the military. * **[[separation_code]]:** A code on the DD-214 that specifies the military's official reason for a service member's separation. * **[[statute_of_limitations]]:** The legal time limit for filing a case or application. * **[[traumatic_brain_injury]] (TBI):** Damage to the brain caused by an external physical force, common in combat veterans. * **[[ucmj]]:** The Uniform Code of Military Justice, the criminal code for the U.S. Armed Forces. * **[[va_home_loan]]:** A benefit where the VA guarantees a portion of a home loan, allowing veterans to get favorable terms. * **[[veterans_affairs]]:** The common name for the U.S. Department of Veterans Affairs (VA), the government agency that provides benefits to veterans. ===== See Also ===== * [[military_law]] * [[veterans_law]] * [[administrative_law]] * [[due_process]] * [[employment_law]] * [[dd_form_214]] * [[gi_bill]]