Military Discharge Lawyer

An honorable discharge in the military is the highest form of separation a service member can receive and is the most widely recognized type of military discharge. It signifies that the individual completed their active or reserve duty in good standing and consistently met or exceeded the military’s performance and conduct standards.

Former service members who earn an honorable discharge remain eligible for full veterans’ benefits, including healthcare, education, and housing assistance. They also maintain a strong professional reputation, which can positively influence civilian career opportunities and future endeavors.

A service member may receive an honorable discharge for completing their term of service, reaching the end of their enlistment, or being released early under positive conditions, all while maintaining strong performance and good conduct.

A general discharge in the military is still considered satisfactory service, but it indicates that the service member did not fully meet the higher standards required for an honorable discharge. This type of separation may result from minor disciplinary issues, failure to meet certain performance expectations, or administrative reasons that do not warrant a more severe discharge classification.

While a general discharge may limit access to some veterans’ benefits, such as specific education programs, it still reflects creditable military service. In certain cases, a service member may be eligible to request a military discharge upgrade through the Discharge Review Board (DRB) if evidence supports that the discharge was unfair or inconsistent with regulations.

An other than honorable discharge in the military is a serious administrative separation issued when a service member’s conduct or performance significantly departs from military standards. This type of discharge can result from drug or alcohol abuse, criminal charges as a civilian, security violations, or repeated disciplinary infractions while in service.

Although an OTH discharge can affect eligibility for certain benefits, the Department of Veterans Affairs (VA) reviews these cases individually to determine what assistance a former service member may still receive. If you believe your discharge was unfair or does not accurately reflect your service record, our military discharge lawyers can help you pursue an upgrade to your discharge characterization through the proper review channels.

A bad conduct discharge in the military is a punitive separation issued as a result of a court-martial conviction for serious misconduct. This type of discharge is considered a criminal punishment rather than an administrative action, and it carries lasting consequences. Veterans with a BCD are not eligible for benefits administered by the Department of Veterans Affairs (VA).

A less-than-honorable discharge can also create barriers in civilian life, including employment challenges and loss of certain rights or opportunities. Working with an experienced military discharge lawyer can help you obtain your military records, prepare for discharge upgrade hearings, and seek corrections to your service record when appropriate.

A dishonorable discharge in the military is the most severe form of military punishment and is imposed only after a general court-martial conviction for the most serious offenses under the punitive articles of the UCMJ (Uniform Code of Military Justice). Crimes that can lead to a dishonorable discharge include murder (UCMJ Art. 118), rape and sexual assault (UCMJ Art. 120), and desertion (UCMJ Art. 85).

Veterans who receive a dishonorable discharge lose access to all veterans’ benefits and face long-term consequences similar to a felony conviction in civilian life. This classification can also affect future employment opportunities, especially with federal or state agencies, and may carry significant social and legal stigma. 

When a service member is discharged within the first 180 days of service, the separation is typically due to an inability to adapt to military life or unfitness for duty. In these cases, the discharge is categorized as “uncharacterized” and falls under conditions other than dishonorable.

An uncharacterized discharge is neither positive nor negative and generally reflects that the service member did not serve long enough for their performance to be formally evaluated. While those discharged under this classification are not typically eligible for veterans’ benefits, they retain their personal and professional reputation, unlike those discharged under less-than-honorable conditions.

A medical discharge or medical separation occurs when a service member develops a physical or mental condition that prevents them from performing their required duties. The process begins with an evaluation by a Medical Evaluation Board (MEB), which reviews the veteran’s ability to continue serving. If the MEB determines that the individual is unfit for duty, the service member may be medically separated or discharged, depending on the severity and permanence of their condition.

The outcome of a medical discharge can have a major impact on a veteran’s future benefits and healthcare eligibility. Depending on the findings, a former service member may still be able to obtain Veterans Affairs benefits, including disability compensation, rehabilitation, and medical treatment. Working with an experienced military medical discharge lawyer like Aden Wilkie can help ensure that all medical records, evaluations, and documentation are properly presented, giving you the strongest possible case for fair compensation and continued access to care.

A military hardship discharge is granted when a service member faces a severe personal or family hardship that prevents them from fulfilling their military duties. Common reasons include the need to care for an ill or dependent family member, financial hardship, or other circumstances that create an undue burden if the service member remains on active duty.

This type of discharge allows a member to leave the military before completing their service term without penalty, provided that the hardship is verified and no other solutions are available. While a hardship discharge is typically classified as honorable or general under honorable conditions, each case is carefully reviewed to ensure the situation meets military standards for separation.

An involuntary administrative discharge occurs when a service member is determined to be unsuitable or incapable of performing their assigned duties. This type of separation is typically the result of poor performance, misconduct, or failure to meet military standards, though it may also stem from issues such as substance abuse or repeated disciplinary actions.

Certain types of military separations are classified as punitive discharges, meaning they are imposed as criminal penalties following a court-martial conviction. The two primary punitive discharges are the dishonorable discharge and the bad conduct discharge (BCD). These result from serious violations of the UCMJ and carry significant legal and personal consequences.

Service members who receive a punitive discharge lose access to Veterans Affairs benefits and may face lasting challenges in civilian life, including difficulty obtaining employment or federal assistance. Because of the severity of these outcomes, it is critical to seek guidance from an experienced court-martial defense lawyer who can help evaluate your case and explore possible options for a discharge upgrade or record correction.