What Is Other Than Honorable Discharge
An Other Than Honorable (OTH) discharge is a punitive discharge issued by a court-martial or through administrative action. It sits between a Bad Conduct Discharge and a General (Under Honorable Conditions) discharge in the military discharge hierarchy. Unlike an Honorable Discharge, an OTH discharge creates a presumption that you are not entitled to VA benefits unless you successfully challenge or upgrade it.
OTH Discharge and VA Benefits Eligibility
The VA does not automatically grant disability benefits to veterans with an OTH discharge. Under 38 U.S.C. Section 5303(a), you are barred from benefits based on a discharge that was not honorable, unless the VA Secretary determines your discharge was issued under conditions that warrant an exception. This is a significant barrier because the VA presumes your discharge was issued for conduct or performance of duty that disqualifies you.
To access VA disability compensation, you have two primary paths: obtain a Discharge Upgrade through the military, or request a Character of Discharge determination directly from the VA. Many veterans pursue both simultaneously.
Discharge Upgrade Process
A Discharge Upgrade petition goes to your branch's Board for Correction of Military Records (BCMR). The board reviews whether your discharge was consistent with the standards of military discipline and whether it should be upgraded to Honorable or General discharge. You can file this petition within 15 years of discharge, though some cases extend beyond this window if you demonstrate material error or new evidence.
When filing, emphasize post-service conduct, medical records showing service-connected conditions, letters of support, and any documentation that the original discharge was issued in error or without proper due process. If mental health issues or combat exposure contributed to your discharge, this strengthens your case significantly.
VA Character of Discharge Determination
If a Discharge Upgrade is denied or pending, you can request that the VA make its own Character of Discharge determination. The VA will review your entire discharge package to determine whether your separation was under "other than dishonorable" conditions. This is a lower legal threshold than Honorable. If the VA grants this determination, you become eligible for VA benefits even if your military discharge remains OTH.
This determination requires VA review of discharge paperwork, command narrative, court-martial records (if applicable), and any character references or evidence you provide. A Veteran Service Officer (VSO) can help you gather and organize this documentation.
Nexus Letters and C&P Exams with OTH Discharge
Once you obtain either a Discharge Upgrade or a favorable Character of Discharge determination, you can file a VA disability claim. If your discharge was related to a service-connected condition (PTSD, traumatic brain injury, substance use disorder), a nexus letter from a medical provider strengthens your claim significantly. The nexus letter should explain the medical basis for your condition and how service directly caused or aggravated it.
During your Compensation and Pension (C&P) exam, the examiner will have access to your discharge documentation. Be prepared to explain the circumstances of your discharge and how they connect to your claimed disability. Consistency between your discharge narrative, medical records, and exam statements matters.
Working with a VSO
A accredited VSO can represent you in both your Discharge Upgrade petition and your Character of Discharge determination request. They understand the nuances of how the VA interprets discharge conditions and can frame your case strategically. VSOs typically work through veterans organizations like the American Legion or Veterans of Foreign Wars and charge no fee for representation.
Appeals Process
If the VA denies your Character of Discharge determination or your initial disability claim, you have appeal rights. You can request a Higher-Level Review (HLR), which sends your case to a senior VA rater, or file a Board Appeal through the VA Board of Veterans' Appeals. Some veterans combine an unsuccessful Character of Discharge determination with a Discharge Upgrade appeal, using both decisions to support the other claim.
Common Questions
- Can I file a VA disability claim while my Discharge Upgrade petition is pending? Yes. You can file immediately and request that the VA make a Character of Discharge determination while your upgrade petition is in progress. If your discharge is later upgraded, the VA will recalculate your benefits retroactively to your original effective date.
- How long does a Character of Discharge determination take? The VA typically completes these determinations within 60 to 90 days, though complex cases can take longer. Your VSO can check status through the VA's system.
- Does an OTH discharge affect my ability to work with private employers? An OTH discharge appears on your DD-214 and may be visible to some employers, but federal law prohibits most private employers from denying employment based solely on discharge status. Government jobs and security clearances are more restrictive.