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Character of Discharge

Character of Discharge. Texas Veterans Commission Fall Conference 2008. Overview. Types of Discharges Characterization of Service Uncharacterized Separations Conditional Discharges Upgraded Discharges Conditions Prohibiting Entitlement to Benefits Under Dishonorable Conditions

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Character of Discharge

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  1. Character of Discharge Texas Veterans Commission Fall Conference 2008

  2. Overview • Types of Discharges • Characterization of Service • Uncharacterized Separations • Conditional Discharges • Upgraded Discharges • Conditions Prohibiting Entitlement to Benefits • Under Dishonorable Conditions • Statutory Bars

  3. Overview (Cont.) • VA’s Responsibilities • Notifications Prior to Decision • Right of Representation • Effect of Determination • Statement of Policy • References

  4. Types of Discharges Characterization of service • Discharges binding on the VA: • Honorable • Under Honorable Conditions (UHC) • General • Discharges requiring development & decision: • Undesirable • Other than Honorable Conditions (OTH) • Bad Conduct • Dishonorable

  5. Types of Discharges (Cont.) Uncharacterized Separations • Entry level - Considered by VA to be UHC • Void enlistment or induction - may be either UHC or OTH - VA develops and decides • Dropped from rolls - may be either UHC or OTH - VA develops and decides

  6. Types of Discharges (Cont.) Conditional Discharges • Appointment as Commissioned / Warrant Officer • Change Commission from one branch to another • To reenlist

  7. Types of Discharges (Cont.) Conditional Discharges (Cont.) Eligibility Requirements for Benefits • Served entire period of enlistment, and • Not discharged at end of requirement due to reenlistment, and • Would have been eligible for good discharge if not for the reenlistment

  8. Types of Discharges (Cont.) Upgraded Discharges Some are binding for benefits, some are not Are Binding: • Honorable or UHC from Board of Corrections

  9. Types of Discharges (Cont.) Upgraded Discharges (Cont.): Are Not Binding: • Presidential Proclamation 4313 • DoD special discharge review program of April 5, 1977 • Any discharge review program after April 5, 1977 not applying to all persons.

  10. Conditions Prohibiting Entitlement to Benefits Dishonorable due to: • Escape trial by General Court Martial, or • Mutiny or spying, or • Willful & persistent misconduct, or • Homosexual acts involving aggressive circumstances, or • “Moral Turpitude”

  11. Conditions Prohibiting Entitlement to Benefits (Cont.) Statutory Bar Legal requirements not met & no benefits if discharged due to: • Conscientious objector, or • Discharged by General Court Martial, or • Officer resign for good of service, or • Deserter, or • Alien, at their request, during war, or • OTH due to AWOL at least 180 days

  12. Conditions Prohibiting Entitlement to Benefits (Cont.) Statutory Bar (Cont.) OTH due to AWOL at least 180 days Special Circumstances: • Service excluding period of AWOL • Reason(s) for going AWOL • A valid legal defense

  13. VA’s Responsibilities • Notifications Prior to decision: • Why a determination is necessary • Criteria used • Request report from service • Veteran can submit evidence • Veteran can request a hearing

  14. VA’s Responsibilities (Cont.) • Right of Representation • Accredited veterans organization • Private attorney • Effect of Determination • Statement of Policy

  15. Discharge Review Board Authority Can Do: Upgrade a Discharge Can’t Do: • Grant Disability Retirement • Revoke a Discharge • Reinstate back into Service • Recall to Active Duty • Change Re-enlistment code • Review General Court-Martial Discharge • Address Medical Discharges

  16. Discharge Review Board Standard for review: Properly & Equitably Discharged Properly • No Error of Fact, Law, Procedure or Prejudice • No change of Policy Equitable • No materially different Policy / Procedure • Discharge consistent with Standards of discipline • Overall evidence doesn’t warrant a change

  17. Discharge Review Board Application: Less than 15 years from discharge DD Form 293 More than 15 years from Discharge DD Form 149 May be submitted by: • Veteran • Surviving Spouse • Next-Of-Kin • Legal Representative

  18. Review • Types of Discharges • Characterization of Service • Uncharacterized Separations • Conditional Discharges • Upgraded Discharges • Conditions Prohibiting Entitlement to Benefits • Under Dishonorable Conditions • Statutory Bars

  19. Review (Cont.) • VA’s Responsibilities • Notifications Prior to Decision • Right of Representation • Effect of Determination • Statement of Policy

  20. Review (Cont.) • Discharge Review Board • Authority; Can Do & Can’t Do • Standard for review; Properly & Equitably • Application • Who can Apply • References

  21. References • 38 CFR 3.1(d) • 38 CFR 3.12 • 38 CFR 3.13 • 38 CFR 3.14 • M21-1, Part IV, Chap 11

  22. QUESTIONS?

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