character of discharge determinations. 2 references 38 cfr 3.1 38 cfr 3.12 38 cfr 3.13 38 u.s.c....

CHARACTER OF DISCHARGE DETERMINATIONS

2

References

38 CFR 3.1

38 CFR 3.12

38 CFR 3.13

38 U.S.C. Chapter 17

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A veteran must have served in the active military, naval, or air service and have been discharged or released under conditions other than dishonorable

VETERAN STATUS38 CFR 3.1(d)

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CHARACTER OF DISCHARGE38 CFR 3.12(a)

A discharge under honorable

conditions is binding on the

Department of Veterans Affairs as to

character of discharge.

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CHARACTER OF DISCHARGE

Discharges that are binding on the VA:

Honorable General Under Honorable Conditions Certain uncharacterized discharges

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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

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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.

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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

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Statutory Bar under38 CFR 3.12(c)

See 3.12(c)(6) for special circumstances relating to 180 consecutive days of AWOL.

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Character of Discharge Determination based on restrictions of 38 CFR

3.12(d)

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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

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Uncharacterized Separations

1. Entry level – Considered by VA to be under honorableconditions.

2. Void enlistment or induction - May be either UHC orOTH-VA decides.

3. Dropped from rolls – May be either UHC or OTH-VAdecides.

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UPGRADED DISCHARGES

38 CFR 3.12(e) through (h)

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CONDITIONAL DISCHARGE

38 CFR 3.13

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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

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Questions?

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CHARACTER OF DISCHARGE

THE END!!!