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MILITARY DISCHARGE IN THE UNITED STATES The Department Of Defense technically refers to a military discharge as ''separation.'' There are two basic types of separation, administrative separations, and punitive separations. Punitive separations occur as part of punishment for a crime, while all other types of discharges are considered administrative. Under most situations, a service member is granted an ''administrative separation''. When the character of service can be determined, the overall quality of the individual's service, as well as the reason for separation, are reviewed. In instances where the member is being discharged due to no fault of his or her own, and there is a history of honorable service and no severe instances of bad conduct, an ''honorable discharge'' is issued. Exceptions are sometimes granted to those who, despite a history of poor conduct, showed otherwise exemplary service that would justify an honorable discharge. On the other hand, service members with a record of bad conduct are issued ''general discharges''. General discharges are characterized in one of two ways, under honorable, or other than honorable (OTH) conditions. Other than honorable discharges are usually only issued in cases where an individual is being discharged as a result of a particular infraction that wouldn't otherwise warrant a punitive discharge (for example, Drug Use ). If the term of service was unusually short (typically, less than six months), the discharge is considered ''uncharacterized'', as insufficient time has passed to determine the character of one's service. Typically, these are issued to those who are discharged early on, such as failing basic training or demonstrating an inability to adapt to military life after basic training. It is important to note that, even when "under honorable conditions," a general discharge is still considered to be "less than honorable." This distinction is critical in the context of eligibility for veterans benefits, where a "less than honorable" discharge can be a disqualifying factor. For example, burial benefits and the Montgomery G.I. Bill education program are both denied to veterans with a general discharge of either characterization. Benefits may be further reduced by the conditions of the general discharge, as well as the specific offenses leading to it. ''Punitive separations'' occur after conviction of a crime by a Court Martial , and then only if the Uniform Code Of Military Justice specifies discharge as part of the allowable punishment for that offense. A ''bad conduct discharge'', or BCD, is the less severe type of punitive discharge. It may be handed down by a special or general court martial. A ''dishonorable discharge'', on the other hand, may only be handed down by a General Court-Martial. A conviction at a General Court-Martial is often considered by civilians to be a Felony conviction, although the UCMJ does not make such a distinction. A service member who is convicted at a Court-Martial is not necessarily given a punitive discharge. If the member is found guilty of any offense, then the court martial members (similar to a jury), or the Military Judge if the accused elects trial by judge alone, then determine a sentence. Depending on the offense, this punishment can include a punitive discharge, confinement, forfeitures of pay, a fine, and for enlisted members, reduction in pay grade. Commissioned Officers , cannot be reduced in rank by a court-martial, nor can they be given a bad conduct discharge or a dishonorable discharge. If an officer is convicted by a General Court-Martial of an offense, and qualifies for a punitive discharge, then the General Court-Martial can sentence the officer to a "Dismissal." This is considered to be the same as a Dishonorable Discharge. The President Of The United States can order that a commissioned officer be dismissed from the service, as all commissioned officers "serve at the pleasure of the President." However an Officer who is dismissed by order of the President can demand a trial by court-martial to clear his or her name. If a court-martial is not convened, or if the officer is acquitted, then the Service Secretary of the branch that the officer is assigned to must then issue an administrative discharge in lieu of a Dismissal. A service member's type of discharge is usually carried with him or her for life. Employers will often look unfavorably on those who have received so much as a general discharge, especially if it was under other than honorable conditions. Some states, however, prohibit Discrimination based on military discharge. Such laws do not prohibit denial of a job due to a criminal conviction, which accompanies punitive separations. After a discharge, the service member (or his next-of-kin, if deceased) can Appeal the type of discharge that was given. These appeals are rarely granted, and then only if the service member can prove he or she was unfairly denied an honorable characterization. Any punitive discharge that is adjudged by a Court-Martial is automatically reviewed by a military appellate court for each respective branch. These are the Army Court Of Criminal Appeals , Air Force Court Of Criminal Appeals , Navy-Marine Corps Court Of Criminal Appeals , and the Coast Guard Court Of Criminal Appeals . These courts are staffed by appellate military judges and function as an Intermediate Appellate Court and have the power to review De Novo both any questions of legal error and the factual basis of the conviction. If either the government or the accused is unsatisfied with the results of this appeal, the conviction or the sentence can be appealed to the Court Of Appeals For The Armed Forces . This court has the power of Discretionary Review , in that it can in some cases deny a petition to grant or review. This court must however hear any Death Penalty cases or cases certified by the Judge Advocate General of each respective service for appellate review. Litigants before Court Of Appeals For The Armed Forces can appeal to the United States Supreme Court . However, this right only applies to any case that the Court Of Appeals For The Armed Forces has reviewed. Therefore, in most military justices cases, the Court Of Appeals For The Armed Forces is the Court Of Last Resort since a denial of a petition of review by that court will prevent any higher appeal. Service members who are given a punitive discharge and have completed any adjudged confinement are normally placed on Appellate Leave pending final review of their case by the appellate courts. This includes members who plead guilty at their court-martial since all cases are automatically reviewed. The member is considered to be on active duty and is subject to the Uniform Code Of Military Justice while on appellate leave. While the member is entitled to full health care benefits and other privileges of being on active duty, the member receives no pay or allowances and is not required to perform any military duties. A service member who was adjudged a punitive discharge at a court martial and then dies before the appellate review process is complete is considered to have died on active duty under honorable conditions. Their next-of-kin is then entitled to any rights and benefits that any other service member's family would be entitled. Every service member who is discharged, or released from active duty, is issued a DD 214 , a military discharge certificate. A Reservist who is called up to active duty is given a DD 214 when they are deactivated and returned to the reserves. Most who join the military are honorably discharged after less than eight years of service are issued a DD 214 and then usually transferred to the Individual Ready Reserve . These members are subject to being recalled to active duty but do not otherwise have any military duties and are distinguised from a Drilling Reservist . A DD 214 specifies the time that the member served on active duty, lists any major awards or medals, and lists the characterization of discharge. This characterization will be honorable, general (under honorable conditions, general (under other than honorable conditions), entry level separation or ELS, bad conduct, dishonorable, or dismissal. Another important code is the Reenlistemnet Eligibility Code or (RE code). This specifies on what conditions the member can reenlist in the armed forces. An RE-1 or RE-1A means the member is eligible for reenlistement. an RE-2 or RE-3 series code means the member is generally not eligible for reenlistement because of one or more disqualifying factors. Depending on the factors, these sometimes can be waived and the member reenlisted. An RE-4 code means the member is ineligible for reenlistment because of some form of misconduct due to significant unsatisfactory performance evaluations. The RE-4 Code is also given to a service member who has been Diagnosed with a mental or physical impairment that do not meet the requirements of a medical discharge (disability) but however still greatly impact the service members ability to work within their military branch or assignment and must be discharged from the service to better the mission. These medical conditions can range from sleepwalking and bedwetting, all the way to bad shoulders and personality disorders. Only a Service Secretary can issue a waiver for someone who receives an RE-4. The Department Of Veterans Affairs uses different criteria than the Departments of the Air Force , Army and Navy when establishing veteran status. VA benefits can sometimes be enjoyed if the discharge is deemed "Other Than Dishonorable". An example of this would be the VA's home loan program. {Link without Title} Trivia
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