Ask the Lawyer: Know the discharge rankings — and their effects - Military Law, Military Law Advice, Ask a Lawyer - Army Times

Ask the Lawyer: Know the discharge rankings — and their effects

Life after service should be rewarding. But after you move on from the military, your service record can still have a major impact on the opportunities you’ll get in civilian life.

Your discharge has the biggest effect on your civilian life and opportunities. There are six types of discharges:

• An honorable discharge is the most prestigious and affords you the most benefits. It goes a long way toward showing potential employers that you maintain the values and discipline of the military.

• A general discharge under honorable conditions is for service that is still honorable but does not meet the expectations of an “unblemished” record. The biggest distinction is that you may lose GI Bill eligibility, depending on your tenure and enlistment status. Depending on the length of your service, you could be separated with this discharge without the ability to go to a board for appeal. This discharge should not negatively affect future employment.

• An other-than-honorable discharge is a negative discharge. You can receive it only through proceedings made at the Administrative Separation Board or if you waive appearing before the board; you cannot receive it from a court-martial. You’ll lose significant rights and entitlements, similar to a bad-conduct discharge. This discharge will hurt your employment prospects, particularly with the federal government.

• A bad-conduct discharge is a punitive discharge that can be awarded at special and general courts-martial. It will have a significant adverse effect on your benefits, entitlements and future employment.

• A dishonorable discharge is the most severe discharge an enlisted member can receive. It is generally reserved for the most serious criminal activity and can be applied only through a general court-martial. You will lose virtually every benefit and entitlement, and your prospects for future employment will be gloomy at best.

• Commissioned officers cannot receive a bad-conduct discharge or dishonorable discharge at general court-martial. Instead, their discharge is called a dismissal. While it may go by a different name, the consequences are just as grave.

If you are facing an administrative separation, you should immediately consult with an attorney familiar with military justice to review your options. And if you believe your discharge ranking may have been in error, an attorney can assist you in documenting evidence to bring your case to a Discharge Review Board for appeal.

You may be leaving your service behind — but your discharge will affect the rest of your life.

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Mathew B. Tully is an Iraq war veteran and founding partner of the law firm Tully Rinckey PLLC (www.fedattorney.com). E-mail questions to askthelawyer@militarytimes.com. The information in this column is not intended as legal advice.