1. CHARACTER OF DISCHARGE DETERMINATIONS1

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

3. 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

4. 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

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

6. 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

7. 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

8. 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

9. 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

10. 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

11. 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

12. 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

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

14. CONDITIONAL DISCHARGE
38 CFR 3.13 14 14

15. 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

16. Questions? 16 16

17. CHARACTER OF DISCHARGE
THE END!!! 17 17