Things You Need to Know About Seeking a Discharge

You Are Not Alone

When trying for a discharge you may find yourself up against some tough obstacles. The military won't let you go easily, unless you've somehow convinced your command that a lot of money and time will be wasted in forcing you to stay in. Working for your freedom and for justice is always a struggle. You will need practical support and someone to help you keep your spirits up. There are many civilian counselors around the country to help you who can be contacted through the GI Rights Hotline.

Remember, above all, that you are not alone. Thousands of military servicemembers have problems similar to yours, and most find a way to resolve them. You will, too.

Filing Complaints in the Military

As you are well aware, civil rights and rights to redress of grievances are limited for members of the military. However, there are steps you can take if you feel you have been wronged by your command, including filing a complaint with the base Inspector General or Equal Opportunity Office, filing a complaint under Article 138 of the UCMJ, contacting your Member of Congress, and contacting civil rights groups concerned about the welfare of members of the military.

A complaint may be based on: race or sex discrimination, hazing, sexual harassment, sexual assault, religious discrimination, improper medical attention, an unfair transfer, illegal extra duty, denial of leave or transfer, denial of discharge, being forced to obey an illegal order, or your command's failure to process a claim for discharge.

Discharge or Separation?

A "discharge" completely cuts off all legal ties a person has to the military. "Separation" is a more general term which includes discharge, release from active duty, transfer to the inactive reserves, and similar changes in active or reserve status. For example, if your application for a discharge for "conscientious objection" is approved, you will be discharged with no possibility of being called for active duty. However, if you were given an early release for a hardship in your family or for pregnancy, you would be "separated," but not necessarily discharged. Many separations result in a transfer to the inactive reserves (the Individual Ready Reserve) for the rest of your enlistment and you are still eligible for call-up in a mobilization.

An Honorable Discharge?

This booklet does not discuss the Bad Conduct Discharge (BCD) or Dishonorable Discharge (DD), which are "punitive" discharges resulting only from a special or general court-martial. Instead, this booklet deals with "administrative" separations.

The "character" of your separation is the description that appears on your discharge or separation papers. It may be Honorable, General (Under Honorable Conditions), Under Other Than Honorable Conditions (OTH), or an Entry Level Separation (ELS). "Characterization" is different from the "reason" for discharge, which will also appear on your discharge papers. Reasons for discharge are discussed in the next section.

You will get an Honorable discharge if you have met the standards of conduct and performance. Always request an Honorable discharge when you are trying for any of these separations.

You may receive a General discharge if your military service has been good, but you have some stains on your record, like a few Article 15s or some bad performance evaluations.

A pattern of bad behavior can result in an Other Than Honorable discharge. But before this can happen, you have a right to a hearing with an Administrative Board. Talk to a counselor or attorney about this.

You will receive an Entry Level Separation if separation processing is begun while you're still in "entry level status" (generally, the first six months of active duty). This uncharacterized separation is neither honorable nor less then honorable because you have not been in the military long enough to develop a record. With an Entry Level Separation, you are not entitled to the usual veterans benefits.

With either an Honorable or General separation, you will be entitled to veterans benefits. But an OTH may result in a loss of benefits. It may also cause problems in getting a job if a civilian employer asks to see your discharge papers and is prejudiced by a bad discharge. If you have heard a rumor that your discharge will be automatically "upgraded" to honorable six months after discharge--don't believe it! It's not true. Upgrading a discharge is a complicated process and not always successful. Sometimes, in pursuing a discharge, you will have to choose: How much do you want the discharge, although it could hurt your record or cost you your benefits? Would you rather remain in the military and hope your discharge will be honorable?

It's a difficult decision. A counselor can help you think it through.

Used with the permission of the Military Law Task Force of the National Lawyers Guild