Featured
> Master Condition List
> Federal Benefits List by Combined Ratings
> Insight into the Claims Process (VBA Perspective)
> Rating Schedule Index
> Filing a VA Disability Claim
> Filing an Appeal

> Death/Survivor Benefits

> Education & Employment

> Health care

> Housing

> Miscellaneous

> VA Disability Compensation

> VA Pension

Not everyone’s service can be characterized as ‘honorable’; for some people this determination may have been made unfairly due to circumstances of policy such as ‘Don't Ask, Don't Tell' or due to specific extenuating circumstances.

That being said, due to your character of discharge not being 'Honorable' you may be barred from receiving certain benefits from the VA.

Special Considerations

Veterans who experienced or have the following have been recognized as having a good chance of receiving an upgrade:

Benefits and Discharge Requirements

VA Benefit Discharge Required
Burial Not Dishonorable
Disability Compensation Honorable* or Under Honorable (general)*
GI Bill Honorable
Health Care Not Dishonorable
Life Insurance Not Dishonorable
VA Loan Not Dishonorable
VA Pension Not Dishonorable
Veterans Readiness and Employment (VR&E) Not Dishonorable

IMPORTANT NOTE:

  • If you have at least one period of honorable service (such as a reenlistment) you are eligible for benefits, unless stated otherwise.

*If you have multiple periods of service. You may claim disabilities that developed or manifested during periods that were considered other than honorable. The VA will make an administrative decision as to if your service was honorable for VA disability compensation.

Having the VA Make an Administrative Decision on your Service

If you file a disability claim with a discharge lower than General, Under Honorable, the VA will AUTOMATICALLY make a determination whether the character of your service can be considered Honorable for purposes of VA disability compensation.

This is also done if you apply for VA health care.

IMPORTANT NOTE:

  • The VA will NOT make an decision as to your service being Honorable for the purposes of VA Education benefits!

Applying for an Upgrade (From your Branch of Service)

Click HERE and follow the prompts to learn the best method to appeal.

For information on the Board of Corrections of Military Records click HERE.

IMPORTANT NOTE:

  • Time spent incarcerated in an AWOL status does NOT count toward the at least 180 days of continuous AWOL status mentioned in 38 CFR 3.12(c)(6).

NOTES:

  • If your branch of service DENIES an upgrade the VA may still find in your favor in terms of VA disability benefits.

  • If your branch of service GRANTS an upgrade the VA is bound* by their determination.

    • *UNLESS your other than honorable discharge violated a statutory bar to benefits listed in 38 CFR 3.12(c)! In which case, you are barred from payable benefits EVEN IF your branch upgrades your discharge! However, there are limited exceptions that will allow the VA to lift this bar! See the linked reference for more details.

Getting a New DD-214

When the Department of Defense (DoD) or the Coast Guard (Department of Transportation) upgrades a Veteran’s discharge, it usually issues a DD215 showing corrections to the DD214. The DoD or the Coast Guard attaches the DD215 to the old DD214—which still shows the outdated discharge and related information. While the discharge on the DD215 is the correct discharge, a Veteran may still want a new DD214 that shows no record of their earlier characterization of discharge.

If you have a DD215 and want an updated DD214, click Get Started. On the next page, select: “I received a discharge upgrade or correction, but my upgrade came in the form of a DD215, and I want an updated DD214.” After you’ve answered all the questions, you’ll see instructions for how to request a new DD214.

Converting Chapter 17 to Disability Compensation

In the case of grants of chapter 17 due to characters of discharge being other than honorable:

  • You want file a Supplemental claim with evidence of your upgraded character of discharge AND the paperwork showing when you filed for your upgrade.

Impact on Effective Dates

For information on how an upgraded character of discharge impacts effective dates, click HERE.

Frequently Asked Questions

    • Yes, the VA will automatically consider if your service is 'honorable for VA purposes' when you file a disability claim.

    • Yes, the VA will automatically consider if your service is 'honorable for VA purposes' when you apply for VA health care.

    • It can take upwards of 18 months.

  • ou may appeal, just be sure to submit new and relevant evidence.

    • Those denied due to their sexual orientation before 2011 should definitely try again as the DoD operates under new rules now.

    • Those denied who suffered from PTSD, TBI, or other mental health disorders before 2014 should definitely try again as the DoD operates under new rules now.

    • Those denied who suffered a sexual assault/MST before 2017 should definitely try again as the DoD operates under new rules now.

    • Yes you can. To find a VSO click HERE.

References