character of discharge determinations. 2 references 38 cfr 3.1 38 cfr 3.12 38 cfr 3.13 38 u.s.c....
TRANSCRIPT
CHARACTER OF DISCHARGE DETERMINATIONS
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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!!!