Items punishable under the UCJM but are not considered serious civilian crimes often result in an other than honorable discharge. It is also important that veterans understand the benefits that they are eligible to receive based on the characterization of their separation from military service. Those who separate or retire under an honorable discharge will receive all of the benefits available to veterans. Section 8 (military) The term Section 8 refers to a category of discharge from the United States military when judged mentally unfit for service. The lawsuit contends that the Army r… Typically, a Soldier, Sailor, Marine, or Airmen will present themselves to the board seeking a medical separation. A Section Eight is the worst kind of discharge--even worse than a dishonorable discharge--because this label stays with soldiers for the rest of their lives. [1], The term comes from Section VIII of the World War II-era United States Army Regulation 615-360, concerning the separation of enlisted men from military service. There are also numerous private organizations that offer assistance to veterans with an honorable discharge. An Other Than Honorable discharge is administrative in nature but does come with some restrictions on veteran’s benefits. The specific requirements laid out by the military are that the discharge is “inequitable or improper.”. A general discharge would not be considered bad, but it’s also not ideal. Honorable Discharge SPN Codes were replaced by alpha-numeric separation codes … A Section 8 is a type of dishonorable discharge granted for sexual deviancy, and was normally used to discharge homosexuals from the military. Basically, a military discharge represents the end of one’s military career.An Honorable Discharge generally In addition to discharge classification, the DD-214 provides the following information: All of this information is included to make sure that the military member’s service is classified and quantified correctly. 1182). a. The plaintiffs are represented by Yale Law School’s Veterans Legal Services Clinic. It may include instances where the service member serves time in a civilian prison for an offense. Section 8 was also often given to cross-dressers, gay, lesbian, bisexual and transgender people. See appendix A, table 8.-A. Veteran’s hiring preferences for federal jobs, VA medical coverage (in some circumstances), Not meeting the physical fitness requirements, Not showing any effort to complete the training, Having a hard time adapting to military life. It hasn't been used much since the U.S. military's "don't ask, don't tell" policy came into effect during the Clinton administration. A general discharge allows the service member to use many veteran’s programs. As they get closer to the end of their military career, many service members start to think about what is next. It is possible that a general discharge can be upgraded, provided that it goes through a formal appeal process and is approved for the upgrade. Slang A soldier given such a discharge or behaving as if deserving such a discharge. Administrative – This form of discharge is given by the discharge authority, often a commanding officer of high rank. Will my discharge classification show up on my DD-214? Many potential employers, especially those in the federal government, will request a copy of the service member’s DD-214. Examples of crimes that warrant a dishonorable discharge include: A dishonorable discharge is given after a General Court-Martial. The following are a list of various types of military discharges: Honorable Discharge. It's not punitive, but it means that some particular condition or circumstance warranted the member’s separation from the military. For those who separate or retire from the military after doing well during their time in service, they can expect an honorable discharge. [4], At age 17, actor Sidney Poitier, who had lied about his age to enlist in the U.S. Army the year before, obtained a discharge under Section 8 by faking mental illness during World War II. A dishonorable discharge also comes with a loss of personal civilian rights, such as the right to own a firearm. Have questions about the various types of military discharges? It is not punitive but does mean that some particular condition or circumstance warranted the member’s separation from the military. surrounding the incident(s) that led to the discharge, as reported by the military, as well as any supporting evidence furnished by the claimant or obtained from third parties. Advertiser Disclosure: This site may be compensated through the advertiser affiliate program (at no cost to you). An Other Than Honorable, or OTH, discharge is administrative rather than punitive but are usually awarded when the service member has done something that merits punishment under the military’s UCMJ. Marines who commit serious offenses, such as drug abuse, aggravated assault or grand theft, for which they serve time in a "brig," or military prison are issued the bad conduct discharge. It is another type of punitive discharge, meaning that it is the result of misconduct of the military member. These codes are subject to change, and the Department of Defense will no longer allow the military services to release the … The term Section 8 refers to a former discharge from the United States military for reason of being mentally unfit for service. This type of military discharge is suitable for those that believe joining the military as a mistake, and want out. A general discharge may or may not mean that the service member did something wrong. It’s so rare that we almost decided to not even include it! This can be the case even if the injury or illness was sustained outside of the scope of official military duties. This includes the ability for family members to change the classification posthumously. On a case-by-case . Following a career of faithful military service, the member is almost always given an honorable discharge. It is generally given when the service member has done something wrong and is punitive in nature. There are two types of Courts-Martial: a General Court-Martial and a Special Court-Martial. They include (but are not limited to): Factors that determine whether or not you’ll receive a medical separation include the ability to perform your job, stability of the disabling condition, years of active service (pre-existing conditions only), and rating percentage. It should be mentioned that the majority of appeals are not approved. For example, they may think that, because you couldn’t conform to military procedures or life, that you may not conform to their business. Is a Medical Discharge considered honorable? [After Section VIII of World War II US Army Regulation 615-360, which provided for the discharge of those deemed unfit for military service.] 4, 1917, ch. Things such as medical and dental treatment, housing programs, and education benefits are all impacted by the type of discharge a veteran receives. Typically, Soldiers, Sailors, Airmen, and Marines that are diagnosed with any of the above will receive either an honorable or general discharge (although not always). The review boards mentioned above determine all of this. There are a wide variety of conditions that can cause a medical separation. [9], "Office of Medical History - Neuropsychiatry in WWII, Chapter 16", "Active Duty Enlisted Administrative Separations", LGBT+ people and the United States military, Transgender American Veterans Association, Conduct Unbecoming: Gays and Lesbians in the U.S. Military, Unfriendly Fire: How the Gay Ban Undermines the Military and Weakens America, Sexual orientation and gender identity in military service, https://en.wikipedia.org/w/index.php?title=Section_8_(military)&oldid=989711137, Sexual orientation and gender identity in the United States military, Articles with unsourced statements from November 2018, Creative Commons Attribution-ShareAlike License, Section 8 became a household phrase when used in the 1970s TV series, This page was last edited on 20 November 2020, at 15:52. The conditions under which the discharge was given is included on the service member’s DD-214, the document which outlines the specifics of their separation from military service. Most receive an honorable or general discharge, under honorable conditions. This is particularly true for federal employment, as potential employers will ask for their DD-214. This may be due to a failed PT test, a failed weapons qualification or required training or simply if the commanding officer believes the … Click Here to learn more about our organization. Notify me of follow-up comments by email. Any other failure to meet a military standard. Historical and Revision Notes. Webster's dictionary defines a military Section Eight as the discharge of a soldier from the U.S. Army because he lacks military aptitude or has undesirable habits and character traits. Your email address will not be published. She has a Master's Degree in Education from Johns Hopkins University. This type of discharge means that the service member completed all of their requirements and did not get in any trouble with the Uniform Code of Military Justice, the military’s laws and policies. As mentioned earlier, an entry-level separation is really a neutral type of discharge. All Rights Reserved. Slang A soldier given such a discharge or behaving as if deserving such a discharge. In the cases of punitive discharges, such as bad conduct or dishonorable discharges, the service member may be required by law to disclose the fact that they were convicted of a felony or served time in prison. We may earn a commission when you buy through links on our site. Click Here to read more about the consequences and reasons for dishonorable discharge. While it may not come with jail or prison time, it is considered bad within the military and may be viewed similarly by potential employers. Essentially, it means that a serviceperson developed a physical or mental condition that is not technically characterized as a disorder. Can I upgrade my discharge to something better? Honorable Discharge from U.S. Navy : Form NAVPERS-661 Title : Certificate of Discharge, U.S. RE-2: Ineligible for reenlistment. To receive an honorable discharge, a service member has to fulfill the obligations set forward in their contract and met (or even exceeded) all of the qualification requirements they needed to meet. It’s given to individuals who have not completed a minimum of 180-days of service, and technically isn’t considered good or bad. ‘Diagnosis of a personality disorder’ happens when a serviceperson develops a mental disorder while serving in the military. OMK provides resources and content to young adults who are thinking about joining the US Armed Forces, but don’t know where to begin. An example of this would be someone in the Navy developing chronic seasickness, and unable to overcome this condition normally. TYPE OF DISCHARGE: Soldiers separated under this program will generally be given either an honorable discharge or a general under honorable conditions discharge (Para. These codes are entered on military discharge documents and characterize a Navy/Marine Corps member's future eligibility to enlist or reenlist after discharge or separation from the military service. Required fields are marked *. Think of someone that get’s booted from boot camp before graduation. 03: Any person that's considered: anti-social, mentally-ill, a wrong number, a lunatic, a madman, a unstabled personality, a unstabled creature or a deranged person. 02: Any soldier given such a discharge or behaving as if deserving such a discharge. According to the US Army, Separation for Convenience of the Government happens when none of the other discharges above are suitable. Here are the answers to a few questions that are commonly asked about military discharges, circumstances that result in separation from the military, and how to read the related documents. OMK will be posting an article on medical separation in the military, and will post a link to that article here soon. AFI 36-3208, Section 5.11 includes a discharge category of Conditions that Interfere with Military Service. Nonjudicial punishment most often results in a general discharge, under honorable conditions. The type of military discharge that they receive may impact what paths are open to a new veteran after their military service is over. HONORABLE: This is a separation with honor. See some reasons why you might receive a Dishonorable Discharge here. This includes: rape, murder, going 'AWOL', and much more. Section Eight definition is - a discharge from the U.S. Army for military inaptitude or undesirable habits or traits of character; also : a soldier receiving such a discharge. Section 8 discharges were often given to gay men, lesbians, bisexuals, cross-dressers, and transgender people, as they were deemed mentally unfit to serve in the military. - Answered by a verified Military Lawyer. Learn more about a General Discharge here. The last 3 (Entry-Level Separation, Medical Separation, and Separation for Convenience of the Govt.) She served 5 years as a Surface Warfare Officer, including 2 deployments onboard a Guided-Missile Destroyer and Aircraft Carrier. A small-town Missouri native, Katie is a graduate of the United States Naval Academy with a degree in English. Punitive – This form of discharge is imposed by a court-martial. Administrative Discharges. Military members who receive a bad conduct discharge are ineligible for GI bill benefits, VA housing programs, and unable to join any branch of the military in the future. Military members should have all medical ailments accurately documented in their record, but especially so when the injury or illness results in their separation from military service. A medical separation is a type of military discharge that stems from a soldier, sailor, or Marine having a physical or mental condition that affects their ability to serve. During the process, the service member has the option to be represented by counsel or to represent themselves, either in person or through the written process. Most of the time, those receiving an OTH discharge are not able to rejoin the military in the future. It is the result of a serious crime, such as a felony, and is almost always awarded following military confinement. It would also not be considered “Honorable” or even “Under Honorable Conditions” (more on this below). An example of this would be a female soldier getting pregnant while serving in the military, and having to take care of the child following birth. The 8 types of military discharge are: Honorable, General, Other Than Honorable, Bad Conduct, Dishonorable, Entry-level separation, Medical separation, and Separation for Convenience of the Government). Naval Service : Form NAVPERS-663B Title : Discharge Certificate : Form NAR 529 Title : Certification of Military Service : Form NA 13038 Title : Certification of Military … A Section 8 discharge often made it difficult for people to find work in civilian life and did not allow veterans benefits. Learn more about the 8 types of military discharge here. Section VIII provided for the discharge of men who were deemed mentally unfit for military service.[2]. An entry-level separation happens when you’re not conforming to military norms, or adapting to military training programs. Working with an experienced attorney may help, but the circumstances of the discharge are often upheld. Another type of military discharge you may hear about is what’s known as a General Discharge. An example of this would be a serviceperson developing paranoia or schizophrenia sometime during their service. It is critical that all military members and their families know and understand the different types of military discharges. They never really stopped using them they simply have changed the terminology to more politically as well as medically correct terms. This particular type of military discharge is very rare, accounting for less than 1% of all discharges. This discharge is determined via the 2 medical review boards: Medical Evaluation Board (or MEB) and Physical Evaluation Board (PEB). It is important to review this document for accuracy prior to separating, as making changes later can be a tedious, drawn-out process. V. Characterization of Service: Soldiers separated under Chapter 5-8 and 5-17 may receive an honorable or general discharge; however, no Soldier discharged under Chapter 5-8 or 5-17 will be awarded a general discharge unless the Soldier is notified of the specific factors in his service record that warrant such a characterization. Can a Section 8 discharge be overturned? 180, 39 Stat. It also came to … Section 8 was also often given to cross-dressers, gay, lesbian, bisexual and transgender people. V. Characterization of Service: Soldiers separated under Chapter 5-8 and 5-17 may receive an honorable or general discharge; however, no Soldier discharged under Chapter 5-8 or 5-17 will be awarded a general discharge unless the Soldier is notified of the specific factors in his service record that warrant such a characterization. 01: Any U.S. Armed Forces discharge based on military assessment of psychological unfitness or character traits deemed undesirable. It also came to mean any service member given such a discharge or behaving as if deserving such a discharge, as in the expression, "he's a Section 8". The term "Section 8" eventually came to mean any service member given such a discharge, or behaving as if deserving such a discharge, as in the expression, "he's a Section 8". Section 8 is a category of discharge from the United States military, used for a service member judged mentally unfit for service. Copyright © 2020 www.OperationMilitaryKids.org. (f) An honorable or general discharge issued prior to October 8, 1977, under authority other than that listed in paragraphs (h) (1), (2) and (3) of this section by a discharge review board established under 10 U.S.C. The appeals process offers the chance for the military member or their family to make a case to upgrade the discharge status. The term Section 8 refers to a former category of discharge from the United States military, that of a member judged mentally unfit for service. Should they face punitive action for misconduct at a Court-Martial, an experienced lawyer can help navigate the process. Medical-related discharges vary the most, as the severity and circumstances under which the condition began can impact the type of discharge a service member will receive. Military separation codes are contained in your military records and may be annotated on various military separation documents. Depending on their length of service, this can include retirement pay, GI bill benefits, medical and dental coverage, and home loan assistance. Section Eight 2 By continuing to use this site you consent to the use of cookies on your device as described … How To Choose The Right Military Branch For You, Separation for Convenience of the Government, https://www.benefits.va.gov/benefits/character_of_discharge.asp, https://www.dd214.us/reference/how_to_upgrade_your_discharge.pdf, https://home.army.mil/knox/application/files/3515/6624/4721/Chapter_5.pdf, https://arba.army.pentagon.mil/documents/DDForm293.pdf, https://en.wikipedia.org/wiki/Courts-martial_of_the_United_States, Attending the Naval Academy Preparatory School, general discharge under honorable conditions, Military Diet Review: My 7 Day Results On The 3 Day Diet, Failure to meet professional qualification requirements, and. Learn more about it here. Medical Separation: Are those that become so sick or injured, that they can no longer continue their military service. It’s nowhere near the severity of a bad conduct or dishonorable discharge, but it’s also not even close to an honorable or general discharge. A bad conduct discharge, nicknamed a “big chicken dinner” in the military, is given following a Court-Martial, the military’s version of a trial. We use cookies to give you the best possible experience on our website. Maybe it’s a new job, maybe it’s going back to school to pursue a degree, maybe it’s entrepreneurship. A military discharge is the type of separation from the military that is awarded to the serviceman or servicewoman at the completion of their military service. The DD-214 is used to determine eligibility for other veteran’s benefits, such as the GI Bill education benefit, which requires a certain length of active duty service for full benefits on top of requiring an honorable discharge. There are a number of conditions under which a veteran can leave the military, whether it is at the end of a long career or just a few years of service. Contact us: www.va.gov 1-800-827-1000 Benefits Assistance Service – March 2014 . However, there are some downsides to a general discharge. Examples of things punishable under the UCMJ include: Related Article: Army Height And Weight Standards. A Chapter 13 discharge from the Army indicates that the soldier has been released from service due to unsatisfactory performance. While a letter of reprimand, official counseling, or other minor infraction will rarely impact a service member’s career to the point of changing their discharge classification, it is still critical to strive for the exemplary record that merits an honorable discharge. A "Bad Conduct Discharge" constitutes a punitive discharge given to enlisted Marines by a general or special court-martial. The term Section 8 refers to a former discharge from the United States military for reason of being mentally unfit for service. Military Separation Program Numbers (SPN Codes) define the reason a discharge or separation was granted. A dishonorable discharge is given in the most serious circumstances. 13-10, AR 635-200). Separation for Convenience of the Government: Is a very rare type of discharge, we’ll get into this in more detail below. 8 Types of Military Discharge. 1. [After Section VIII of World War II US Army Regulation 615-360, which provided for the discharge of those deemed unfit for military service.] This means that they will not receive any negative consequences from getting this type of discharge. Chapter 5, paragraph 13 governs the separation of personnel medically diagnosed with a personality disorder. It must be done within 15 years of the discharge. Unlike the other types of military discharge in this article, the ramifications of a medical separation differ wildly. 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