CHARACTER OF DISCHARGE DETERMINATIONS 1

References 38 CFR 3.1 38 CFR 3.12 38 CFR 3.13 38 U.S.C. Chapter 17 2

VETERAN STATUS 38 CFR 3.1(d) A veteran must have served in the active military, naval, or air service and have been discharged or released under conditions other than dishonorable 3 3

CHARACTER OF DISCHARGE 38 CFR 3.12(a) A discharge under honorable conditions is binding on the Department of Veterans Affairs as to character of discharge. 4 4

CHARACTER OF DISCHARGE Discharges that are binding on the VA: Honorable General Under Honorable Conditions Certain uncharacterized discharges 5 5

CHARACTER OF DISCHARGE Discharges that require development and a decision by VA: Bad Conduct Dishonorable General Under Other than Honorable Conditions Undesirable Certain uncharacterized discharges 6 6

DISHONORABLE DISCHARGE The only issue to be addressed in a case involving an individual who received a DISHONORABLE DISCHARGE ………….. is whether he/she was insane at the time of committing the offense which resulted in their discharge. 7 7

Offenses Under 38 CFR 3.12(c) Sentence of a general court-martial Resignation by an officer for the good of the service A deserter An alien during a period of hostilities A conscientious objector AWOL 180+ consecutive days 8

Statutory Bar under 38 CFR 3.12(c) See 3.12(c)(6) for special circumstances relating to 180 consecutive days of AWOL. 9 9

Character of Discharge Determination based on restrictions of 38 CFR 3 Character of Discharge Determination based on restrictions of 38 CFR 3.12(d) 10 10

Moral turpitude (typically due to conviction of a felony) OFFENSES UNDER 38 CFR 3.12(d) Moral turpitude (typically due to conviction of a felony) Acceptance of an undesirable discharge to escape GCM trial Willful and persistent misconduct Mutiny or spying Homosexual acts involving aggravating circumstances or other factors 11 11

Uncharacterized Separations 1. Entry level – Considered by VA to be under honorable conditions. 2. Void enlistment or induction - May be either UHC or OTH-VA decides. 3. Dropped from rolls – May be either UHC or OTH-VA decides. 12 12

UPGRADED DISCHARGES 38 CFR 3.12(e) through (h) 13 13

CONDITIONAL DISCHARGE 38 CFR 3.13 14 14

HEALTH CARE ELIGIBILITY Chapter 17 of title 38 U.S.C. Dishonorable for VA purposes under 38 CFR 3.12(c) = no healthcare Dishonorable for VA purposes under 38 CFR 3.12(d) = entitled to healthcare UNLESS its a bad conduct discharge 15 15

Questions? 16 16

CHARACTER OF DISCHARGE THE END!!! 17 17