In the realm of military law, an other than honorable discharge (OTH) is one of the most severe forms of separation from the armed forces. It carries significant consequences, potentially impacting veterans’ self-esteem and blocking access to much-needed benefits. The stigma can haunt them for years or a lifetime.
You probably know you can try to upgrade your discharge, even when it occurred several years ago, but when it involves poor or criminal conduct, you may think your chances are slim. That may have once been true, but today, your odds might be better than you believe.
Separations linked to LGBTQ matters
In 2021, the Department of Veterans Affairs (VA) took a crucial step forward by announcing it would search for all discharged service members who were separated based on their sexual orientation, gender identity or HIV status. They want them to have the status they deserve. `
Essentially, this initiative allows those who received less than honorable discharges for these reasons to apply to the Department of Defense (DOD) for a discharge upgrade.
Accessing benefits with an OTH discharge
Recent legal reforms have been instrumental in ensuring that more veterans obtain critical medical care and other benefits. The VA amended regulations to allow veterans with OTH discharges involving misconduct, including substance abuse or assault, to apply for health care and other benefits.
When accessing benefits is what you care about most, you can explore the possibility of working with the VA, and having legal guidance can certainly help. If you are interested in accessing these benefits and clearing your military record simultaneously, having experienced legal guidance can help you explore all possible options.