VA Benefits
Military Benefits
Loss of Veteran's Benefits

The tables below show the eligibility for benefits based on the type of discharge a member is awarded (source: www.jag.navy.mil/documents/Benefits%20Chart.doc, but applicable generally to all branches of the military). They do not indicate any other criteria (such as years of service) that may also be required for an individual to be eligible for the benefits indicated.

Loss of Veteran's Benefits   Back to Top

To become eligible for veterans benefits, the active duty member must have been discharged or released under conditions other than dishonorable, which is broader in this context than the term as defined in Rule for Court-Martial 1003(b)(8)(B).

The following are considered a discharge or release under conditions that are dishonorable:

· Acceptance of an under other than honorable conditions (UOTHC) discharge to avoid trial by general court-martial;

· Mutiny, aiding the enemy, or spying;

· An offense involving moral turpitude, including (generally) a conviction of a felony;

· Willful and persistent misconduct, including a UOTHC discharge if it is determined that the discharge was issued for willful and persistent misconduct, but not including a discharge because of a minor offense if service was otherwise honest, faithful and meritorious; or

· Homosexual acts involving aggravating circumstances or other factors affecting the performance of duty, including:

· Child molestation;

· Homosexual prostitution;

· Homosexual acts or conduct accompanied by assault or coercion; or

· Homosexual acts or conduct taking place between service members of disparate rank, grade, or status when a service member has taken advantage of his or her superior rank, grade, or status.

Benefits are also not payable where the member was discharged or released under one of the following conditions:

· As a conscientious objector who refused to perform military duty, wear the uniform, or comply with lawful orders of competent military authorities;

· By reason of the sentence of a general court-martial;

· Resignation by an officer for the good of the service;

· As a deserter;

· As an alien during a period of hostilities where it is shown the member requested his or her release; or

· By reason of a UOTHC discharge as a result of an absence without leave for a continuous period of at least 180 days.

A punitive discharge or UOTHC characterization does not necessarily deprive a member of benefits administered by the VA.

Normally, benefits earned during an earlier period of honorable service are not voided by a punitive discharge or a UOTHC discharge during a subsequent enlistment (38 U.S.C. § 5303(a); U.S. v. McElroy, 40 M.J. 368, 372 (C.M.A. 1994))

Caveat: Any person may be denied VA benefits, regardless of an earlier period of honorable service, if shown by evidence satisfactory to the Secretary of Veterans Affairs to be guilty of:

· Filing a fraudulent claim for benefits;

· Treason;

· Mutiny;

· Sabotage; or

· Rendering assistance to the enemy of the United States or its allies.

References:

38 U.S.C. §§ 5303, 6103, 6104, 6105

38 Code of Federal Regulations (C.F.R.) § 3.12